授業の目的 【日本語】
Goals of the Course(JPN) | | |
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授業の目的 【英語】
Goals of the Course | | This course is designed as a preparatory course for those students who wish to participate in the Intercollegiate Negotiation and Arbitration Competition. The Competition is held annually at Sophia University in Tokyo usually in the first weekend of December and brings together teams from universities across Japan and neighboring countries. Nagoya University has been a participant for most of the Competition’s history and in recent years our English language teams have been mostly composed of G30 students in law.
The Competition consists of two rounds which each take up a day of the two-day event. The first, “Arbitration”, round requires teams, playing the role of lawyers representing a business, to present legal arguments before a three judge arbitration panel relating to a contractual dispute their client is having with the opposing team. The details of the dispute are set out in a problem distributed by the competition organizers. This round allows students to gain some experience in basic litigation (or “lawyering”) skills in a courtroom-like environment.
In the second, ”Negotiation”, round the members of the team switch roles from lawyers to business people. Instead of arguing a case against the other team, in this round the two teams facing each other must negotiate the terms of a business agreement between their respective companies. Each team is given certain “secret information” which outlines the goals they are seeking to achieve in the negotiation. The round allows students to develop skills in negotiation and strategizing.
The Course is structured to provide students with the basic skills they need to successfully participate in each round of the Competition.
Completing this course is a prerequisite for participation in Nagoya University's English language Competition teams. Due to competition rules which limit us to sending no more than 10 students per year to the competition depending on the number of students who enroll it may not be possible to guarantee spots on the teams to everyone who successfully completes the course, though every effort will be made to ensure that those wanting to participate are able to (if necessary by participating in a subsequent year). Priority will generally be given to law students and to those who have not previously participated. |
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到達目標 【日本語】
Objectives of the Course(JPN) | | |
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到達目標 【英語】
Objectives of the Course | | As outlined above, the course is designed to prepare students with the skills they need to participate in both rounds of the competition.
With respect to the Arbitration round there are three basic areas that are covered. First is an introduction to the basics of International Commercial Contract law. What is a commercial contract, what are some common types of disputes that stem from them and what are the rules by which courts (or in the case of the competition arbitration tribunals) resolve them? In particular we will focus on the UNIDROIT Principles of International Commercial Contracts, which is the applicable law used in the competition. The early part of the course will essentially be a crash course in learning the basics of the UNIDROIT Principles.
The second major area we will focus on is legal drafting. The Competition requires teams to compose a written memorandum which sets out the arguments they will make. Since legal writing is quite a bit different from normal writing, this part of the course will provide instruction on how to structure and compose a written legal argument.
The third area we will focus on is how to make oral arguments before a panel of judges. This is perhaps the most nerve-wracking part of the competition but don’t worry, with the benefit of some preparation and some confidence building exercises you may find that making oral arguments is actually one of the easier parts! As with written legal arguments, the presentation of oral legal arguments requires some structure, composition and the ability to respond effectively to questions from judges. We will focus on building up these areas through exercises.
For the Negotiation Round, we will focus on building up student knowledge of some of the basic principles of negotiation and how these can be translated into negotiation strategies that can be used in the Competition. |
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授業の内容や構成
Course Content / Plan | | Below is a week by week outline of the course's content.
Week 1: Introduction
Content: What the competition is and what we'll do in this class.
Week 2: UNIDROIT Principles 1
Content: Introduction and overview: What is an international commercial contract?
Week 3: UNIDROIT Principles 2
Content: Formation of Contract and Authority of Agents
Week 4: UNIDROIT Principles 3
Content: Grounds for Avoidance
Week 5: UNIDROIT Principles 4
Content: Performance and Non-Performance
Week 6: Written Memorandum 1
Content: In this class we'll go over the basics of how to compose a good legal memorandum. Good legal writing requires a structured argument that is concise and easy to follow. We'll go over how to accomplish this. The first assignment will be distributed in this class.
Week 7: Written Memorandum 2
Content: In this class we'll review the assignment in the last class and determine ways of improving the written arguments.
Week 8: Written Memorandum 3
Content: In this class we'll further review the written memorandum and finalize it.
Week 9: Oral Arguments 1
Content: In this class we'll introduce the basics of how to make an oral legal argument. As with written arguments, oral ones require you to make a structured and concise argument that is easy for the listener to follow. There are also certain forms of etiquette that the speaker must follow and we'll also go over those.
Week 10: Oral Arguments 2
Content: In this class we'll practice making oral arguments, based on the earlier written memorandum.
Week 11: Oral Arguments 3
Content: In this class we'll practice making oral arguments, based on the earlier written memorandum.
Week 12: Oral Arguments 4
Content: In this class we'll practice making oral arguments, based on the earlier written memorandum.
Week 13: Negotiation 1
Content: In this class we'll introduce the basic principles of negotiation and negotiation strategy. We'll also introduce a negotiation problem that will require you to prepare a strategy as an assignment.
Week 14: Negotiation 2
Content: In this class we'll practice (in teams) the negotiation prepared as part of the assignment from the previous class.
Week 15: Negotiation 3
Content: In this class we'll practice (in teams) the negotiation prepared as part of the assignment from the previous class. |
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履修条件・関連する科目
Course Prerequisites and Related Courses | | |
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成績評価の方法と基準
Course Evaluation Method and Criteria | | Arbitration Memorandum: 30%
Oral Argument: 30%
Negotiation Presentation: 40%
Students must obtain a passing grade of at least 60% in each of these in order to pass the overall course.
The Course will be graded on a letter grade basis, please consult the Student Handbook for details on the letter grade system. |
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教科書・テキスト
Textbook | | We will use the 2016 version of the UNIDROIT Principles of International Commercial Contracts. A free copy of this can be downloaded here: https://www.unidroit.org/contracts#UPICC
Additionally we will use some previous problems from the competition, which will be available on the course's TACT page under the "Resources" tab. |
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参考書
Reference Book | | This is not required, but for the negotiation part of the course a very good introductory book which would be quite useful to read is:
Roger Fisher, William L. Ury and Bruce Patton, "Getting to Yes: Negotiating Agreement without Giving in" (2011, Penguin Books)
(Earlier editions of the book have been published since 1981, so if you can find a second hand copy of an earlier edition it would suffice). |
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課外学習等（授業時間外学習の指示）
Study Load(Self-directed Learning Outside Course Hours) | | | This course is by nature a "team" effort and also a team building exercise for the competition itself. As such you will have the opportunity to work together with your classmates on each assignment. |
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注意事項
Notice for Students | | | The Competition is a really fun experience and I aim to make this class a fun one too. |
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授業開講形態等
Lecture format, etc. | | | The Course will be conducted in person. |
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遠隔授業（オンデマンド型）で行う場合の追加措置
Additional measures for remote class (on-demand class) | | |
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