Instructor(s): Mohammad Fadel

For graduate students, the course number is LAW2066H.

This course satisfies the International/Comparative/Transnational course requirement.

Note: The Quercus program will be used for this course. Students must self-enrol in Quercus as soon as confirmed in the course in order to obtain course information.

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 Canadas 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.

Evaluation
Two (2), 1,500 word papers, one due at the end of the sixth week of the semester, and the second due at the end of the twelfth week of the semester, each of which is worth 20% of the total mark and an in-class, partially open-book, 2 hour exam, worth 60% of the total mark.

At a Glance

First Term
Credits
3
Hours
3
ICT

Enrolment

Maximum
40
29 JD
11 LLM/SJD/MSL/NDEGS/SJD U

Schedule

W: 4:10 - 7:00