学部・大学院区分法・博前
時間割コード2302520
科目区分法学研究科開講科目
Courses Offered by the Graduate School of Law
科目名 【日本語】特別講義・演習(国際模擬仲裁)
科目名 【英語】Special Lecture and Seminar (Case Study of International Commercial Arbitration)
担当教員 【日本語】横溝 大 ○ COLOMBO Giorgio Fabio
担当教員 【英語】YOKOMIZO Dai ○ COLOMBO Giorgio Fabio
単位数2
開講期・開講時間帯秋 水曜日 2時限
Fall Wed 2
対象学年1年
1
授業形態演習
Lecture


授業の目的 【日本語】
授業の目的 【英語】
* Legal Education is presently facing challenges related to the internationalization of the legal profession. New, truly international, learning experiences are flourishing, and in particular extremely useful and challenging international commercial arbitration moots. One of the most prestigious is the Vis (East) Moot. As the organizers of this competition state, the Vis Moot was created as a clinical tool for training law students in crucial aspects of the procedure: research, drafting and advocacy. The goals of the Moot are the promotion and study of international commercial arbitration and the training of tomorrow's legal leaders in methods of alternate dispute resolution .
This seminar focuses on both theoretical and practical issues related to the Moot. This year case will be studied in detail. Starting from that, students will have to prepare the case (doing research and collecting materials), develop a defensive strategy and learn the basic skills of oral advocacy in arbitration. As the Moot case is based on the Convention on the International Sale of Goods (CISG) the seminar will be an occasion for an in-depth study of this extremely useful international convention. Ordinary students will work together with the Nagoya University Team for the Vis (East) Moot, in order to get a first-hand experience of how preparing for a moot is.
到達目標 【日本語】
到達目標 【英語】
*The aim of the seminar is to provide students with effective preparation on how to take part in an international moot competition. First, a general overview of what an international moot competition is will be provided. Then, the seminar aims to provide students with the basic skills for preparing a dispute before an arbitration tribunal: analysis of the problem; research on the relevant legal issues; drafting a memorandum in arbitration (both form claimant and respondent sides), presenting the case orally. All those activities will be initially carried out under the supervision of the instructors in order to ensure that students are properly prepared. Then, as the seminar proceeds, a greater degree of autonomy and initiative will be expected. Students will be encouraged to develop their own critical views and defensive strategies on the Moot case. After the end of the seminar, students should have acquired a good knowledge of, inter alia , the Convention on the International Sale of Good, the general structure of administered arbitration and the basic tools for research and advocacy on a practical problem.
授業の内容や構成
Lecture / Theme / Lecture Course Description / Learning outside the class / Related page

1
Introduction
Explanation of the Vis Moot Competition
Video 1-1: https://nuss.nagoya-u.ac.jp/s/kjXBo9sx6449wk6
Video 1-2: https://nuss.nagoya-u.ac.jp/s/e2mH7LxzEn9cAaq
Power Point:
https://nuss.nagoya-u.ac.jp/s/cyY3NxFJDQGCqHG

2
Problem Study
Study of the Vis Moot Problem
Problem-1.pdf

3
Problem Study
Study of the Vis Moot Problem

4
Problem Study
Study of the Vis Moot Problem

5
Claimant Memorandum
Drafting Memorandum (Claimant Side)

6
Claimant Memorandum
Drafting Memorandum (Claimant Side)

7
Claimant Memorandum
Drafting Memorandum (Claimant Side)

8
Claimant Memorandum
Drafting Memorandum (Claimant Side)

9
Problem Study
Study of the Vis Moot Problem

10
Problem Study
Study of the Vis Moot Problem

11
Problem Study
Study of the Vis Moot Problem

12
Respondent Memorandum
Drafting Memorandum (Respondent Side)

13
Respondent Memorandum
Drafting Memorandum (Respondent Side)

14
Respondent Memorandum
Drafting Memorandum (Respondent Side)

15
Feedback Session
Assessment on learning outcomes

履修条件・関連する科目
*Good command of English language (reading, speaking, and writing) is required. A basic knowledge of private international law and civil procedure is recommended.
成績評価の方法と基準
*Participation (quality of the preparation, contribution to the discussion) 50%. Individual presentation, research, etc. (50%).
教科書・テキスト
*Due to the peculiar nature of the seminar, there is no need of a general textbook for students. Some relevant readings will be distributed to students on a regular basis, via the online syllabus system.
参考書
*Other handouts and reading materials will be will be distributed to students via the online syllabus system.
課外学習等(授業時間外学習の指示)
The participants should read the problem of the moot carefully and reflect on the questions in reading relevant cases and materials.
注意事項
*Minimum attendance is set at 70%
授業開講形態等
遠隔授業(オンデマンド型)で行う場合の追加措置