Previous exam papers for JUR1230 and JUS5230 - International Commercial Law
This course changed course code from JUR5230 to JUS5230 spring 2012. The change resulted in a reduction in credits from 15 to 10, but the learning requirements remained the same.
Please explain the impact of national law on international contracts and illustrate it with some examples.
Please explain which sources are relevant to the interpretation and application of an international contract.
Please explain which rules govern an international commercial contract in the following situations: (i) the parties have agreed that the contract is subject to a specific national law, (ii) the parties have agreed that the contract is subject to general principles such as the UNIDROIT Principles, and (iii) the parties have not agreed on anything in respect of the governing law.
Previous exam papers for JUR1230 og JUR5230
Assume that an arbitral award has rendered a decision based on a contract between the parties. The contract violated certain mandatory provisions of the law of the country where it shall be performed. However, the contract is valid under the law that the parties chose to govern it. The award follows the contract in full, including also the choice of law made by the parties, and therefore disregards the law of the place of performance. Are there any possibilities for the losing party to contest the award?
Please explain the function of documentary credits and comment on the relationship between the UCP 600 (former UCP 500) and the governing law.
Numerous projects attempt to harmonize the law applicable to international commercial contracts. Describe the advantages and disadvantages of three different harmonization processes: harmonization by international conventions, harmonization by soft law (restatements, model laws, collections of generally acknowledged principles, etc.), and harmonization by standard contracts.
Please describe the origin and function of the lex mercatoria (transnational law). To what extent is it useful? To what extent does it need support by a national law?
Please explain the role of national public policy (ordre public) in international commercial law.
Please describe the various manners in which products may be distributed. Do some forms of distribution create particular concerns of private international law, when the underlying agreement is international?
A Norwegian producer (the principal) enters into an agreement with an Italian agent, according to which the Italian agent shall promote the sale of the producer’s products on the Italian territory. The agreement contains a detailed regulation of the conditions under which the agency may be terminated. Among other things, the agreement may be terminated if the agent fails to comply with certain obligations specified in the contract. In such case, termination is with immediate effect and no compensation is due to the agent. The contract contains a clause according to which it is governed by generally acknowledged principles and trade usages. The contract does not contain a clause on dispute resolutions.
The agent fails to comply with one of the obligations that entitle the principal to terminate the contract, and the principal terminates the contract. The agent claims that it is entitled to compensation.
Please explain the following:
1. The courts of what country have jurisdiction in this case?
2. Is it possible to solve the dispute in arbitration?
3. On what basis can the agent claim compensation?
4. On what basis can the principal refuse compensation?
Are the parties to an international agreement free to regulate their relationship without taking into consideration national law? Does the answer to this question change if the parties have submitted any disputes arising out of the contract to international arbitration?