Law of International Business & Finance Transactions (LAW371H1S)

In an interdependent, globalized economy, knowledge and understanding of the way in which business is conducted across national borders is indispensable to all business lawyers. Knowledge of these principles is particularly crucial to Canadian business lawyers in light of Canada's position in the global economy. This course deals with the structure of domestic and international regulations that affect transnational business and financial transactions, that is, business and financial transactions in which the laws of more than one jurisdiction are involved. Students will be introduced to several issues that are generically relevant to transnational transactions: transnational dispute resolution mechanisms (before national courts and arbitral tribunals) and related jurisdictional questions; the place of international law, domestic law and private ordering in the regulation of international business transactions; the extraterritorial application of domestic legal rules; and the role of international bodies. Using materials drawn from various common law jurisdictions and international bodies, the course will explore the issues raised by transnational business transactions through careful examination of different types of transnational business and financial transactions and the documents typically used in such transactions, including, cross-border finance and investment, and the complications arising out of cross-border litigation.