Presentation on theme: "IHU School of Economics, Business Administration and Legal Studies LL.M. in Transnational & European Commercial Law, Arbitration, Mediation & Energy Law."— Presentation transcript:
IHU School of Economics, Business Administration and Legal Studies LL.M. in Transnational & European Commercial Law, Arbitration, Mediation & Energy Law Prof. Dr. Athanassios Kaissis Scientific Director http://www.ihu.edu.gr/legal 1
2 www.ihu.edu.gr/legalInternational Hellenic University The International Hellenic University (IHU) is Greece’s first and only public university where all programmes are taught in English. It was established in October 2005 and is based in Thessaloniki in Northern Greece. The University is situated on a campus next to the airport of Thessaloniki. The city of Thessaloniki, named after the sister of Alexander the Great, is the second largest in Greece and has an uninterrupted history of 2,300 years. It is also one of the cities with the highest numbers of University students (approx.80.000 students). The International Hellenic University
3 www.ihu.edu.gr/legalInternational Hellenic University IHU is financed by the European Union and the Greek State and already attracts a strong international academic faculty and outstanding students from countries as diverse as Albania, Armenia, Azerbaijan, Belgium, Bulgaria, Cameroon, FYROM, Georgia, Lithuania, Mexico, Moldova, Romania, Russia, Slovakia, Sudan, Turkey, Ukraine and the USA. The University comprises three Schools: School of Economics, Business Administration & Legal Studies School of Humanities School of Science and Technology The International Hellenic University
4 www.ihu.edu.gr/legalInternational Hellenic University This is the eighth year of the International Hellenic University’s existence. During this period, the IHU has created ten postgraduate programmes, among which two legal. We currently offer our students two legal postgraduate degrees : the LL.M. in Transnational & European Commercial Law, Arbitration, Mediation & Energy Law the MA in Art, Law and Economy I will focus only on the first Progamme, the LLM. The International Hellenic University
5 www.ihu.edu.gr/legalInternational Hellenic University The LL.M. was approved in 2011 and as of 2014-2015 has successfully concluded the third intake with 65 current students (over 100 applicants). It attracts graduates holding a university degree in Law, Economics, Political Sciences or a related field. It gets applications from countries such as: UK, Greece, Germany, Ukraine, Bulgaria, Turkey, Kosovo, Brazil etc and it is worth mentioning that among our current students are experienced practitioners, judges, prosecutors and legal advisors of the State. Special features of the LL.M.
6 www.ihu.edu.gr/legalInternational Hellenic University The programme is unique in that it combines the substantive law at transnational level (e.g., Secured Transactions) and European level (e.g., EU Company Law) with Alternative Dispute Resolution (Arbitration, Mediation) for claims stemming from Transnational and European Law. Moreover, the LLM focuses on Energy Law, an area of law of exceptional geopolitical importance for our Region. The LLM is distinguished by its world-renowned teaching faculty coming from 7 countries (UK, Germany, Italy, France, Netherlands, Cyprus, Luxemburg). The Law Library and the legal databases meet high international standards (Last editions of most leading books in the field - Kluwer, LexisNexis, BeckOnline, Westlaw, FT, Bloomberg, Kuselit, Heal Link etc.). Special features of the LL.M.
9 www.ihu.edu.gr/legalInternational Hellenic University Programme Overview Core Courses Transnational Commercial Law I (30 hours / 6 ECTS) Course assessment: coursework + exam Conflict of laws, introduction to the main branches of transnational commercial law (international trading of goods, foreign investment law, international banking and financial law, international intellectual property law, international taxation law), the WTO Agreements and principles, United Nations Convention on Contracts for the International Sale of Goods, UNCITRAL Model Laws, ICC Incoterms 2010, Rules For Any Mode Of Transport, Lex Mercatoria, Mandatory And Overriding Mandatory Rules, Transnational Company Agreements, Transnational Regulatory Networks And Their Limits, Transnational Legal Process And State Change
10 www.ihu.edu.gr/legalInternational Hellenic University Programme Overview Core Courses Transnational Commercial Law II (30 hours / 6 ECTS) Course assessment: coursework + exam UNIDROIT - Mandate, Working Method, Main Achievements - Conventions - Soft Law; 1988 UNIDROIT Convention On International Financial Leasing (Ottawa Convention); 2001 Cape Town Convention On International Interests On Mobile Equipment; 2001 Aircraft Protocol; 2007 Luxembourg Protocol On Matters Specific To Railway Rolling Stock; 2012 Space Protocol On Matters Specific To Space Assets; 2008 Model Law On Leasing; 2009 Geneva Convention On The Substantive Aspects Of Intermediated Securities; 2001 United Nations Convention On The Assignment Of Receivables In International Trade; 2007 UNCITRAL Legislative Guide On Secured Transactions; 2006 Hague Convention On The Law Applicable To Certain Rights In Respect Of Securities Held with an Intermediary; Hague Conference; Acquisition Finance Devices; Sale Under Retention Of Title; Security Rights; Secured Transactions; Settlement Finality Directive; Financial Collateral Directive; The Hague and Geneva Securities Conventions- a Modern and Global Legal Regime for Intermediated Securities; Financial Collateral Arrangements; UNIDROIT Convention On Substantive Rules For Intermediated Securities.
11 www.ihu.edu.gr/legalInternational Hellenic University Programme Overview Core Courses European Economic Law I (30 hours / 6 ECTS) Course assessment: coursework + exam The development of the European Union – Constitutional aspects of EU Law; EU Treaties, Main Institutions, The competences of the European Union; The finances of the European Union (Budget); Legislative process at EU level (co-decision)- aspects of harmonization; Primary EU law (Treaties)-secondary EU law (Legal instruments -regulations, directives and decisions); The legal system of the European Union (acquis communautaire); General principles of EU Law (principle of attributed competence, principle of subsidiarity, principle of proportionality, principle of non-discrimination, principle of legal certainty, etc.); EU Company Law. Harmonization of Company Law in the European Union. Freedom of establishment of legal persons. Free movement of capital and company law. The case law of the Court of Justice of the European Union on Company Law. Company law and capital markets. Corporate Finance Law. Corporate governance.
12 www.ihu.edu.gr/legalInternational Hellenic University Programme Overview Core Courses European Economic Law II (30 hours / 6 ECTS) Course assessment: coursework + exam Legal foundations of European economic systems and integration Legal foundations of the single European financial market; The harmonization of European banking law; The harmonization of European securities and capital markets law; The harmonization of European corporate law; The history of monetary integration in Europe and the institutions of the EMU; The role of the European Central Bank in monetary and financial stability; Economic policy coordination in the EMU; The external aspects of EMU; Monetary stability and crisis management in the EMU.
13 www.ihu.edu.gr/legalInternational Hellenic University Programme Overview Core Courses International Commercial Arbitration I (30 hours / 6 ECTS) Course assessment: coursework + exam Introduction to International Commercial Arbitration and to Alternative Dispute Resolution, in general; Advantages and disadvantages of arbitration; The foundations and the main principles of international commercial arbitration, negotiation and mediation; Forms of arbitration. Ad hoc arbitration\ institutional arbitration, specialised categories of arbitration; Arbitration agreements: legal nature, function, aims, validity, parties, categories of disputes, arbitrability, confidentiality; Drafting the arbitration agreement: various requirements; Applicable law; Judicial assistance for arbitration (enforcement of arbitration agreements, evidence etc). Constitution of the Arbitral Tribunal, challenge of the Tribunal’s jurisdiction and interim measures of protection; Appointment of arbitrators and their duties; The stages of arbitral procedure and the main rules of arbitration; Preliminary issues, written submissions, hearing, evidence; The award: types, validity, remedies.
14 www.ihu.edu.gr/legalInternational Hellenic University Programme Overview Core Courses International Commercial Arbitration II (30 hours / 6 ECTS) Course assessment: coursework + exam Introduction to Arbitral Institutions, such as the ICC International Court of Arbitration, the Chartered Institute of Arbitrators, the German Institution of Arbitration, the American Arbitration Association, London Maritime Arbitrators Association, Society of Maritime Arbitrators, Singapore Chamber of Maritime Arbitration, International Centre for Settlement of Investment Disputes (ICSID) etc; Harmonization of the rules of international commercial arbitration (The UNCITRAL Model law, 1958 New York Convention on the recognition and enforcement of foreign arbitral awards); Theoretical and practical aspects of mediation; Introduction to maritime arbitration; Construction arbitration; Investment arbitration; Energy Arbitration; Bilateral investment treaties; Special features of arbitrations involving States or State-owned entities.
15 www.ihu.edu.gr/legalInternational Hellenic University Programme Overview Core Courses Recognition and Enforcement of International Arbitral Awards (30 hours / 6 ECTS) Course assessment: coursework + exam The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention); The 1961 European Convention on International Arbitration; The 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Washington Convention); The 1975 Inter-American Convention on International Commercial Arbitration (Panama Convention); The public policy (“ordre public”) of the State in which the recognition and execution is requested; The UNCITRAL Model Law on International Commercial Arbitration; The U.S. Federal Arbitration Act and the practice of U.S. courts on recognition and enforcement of arbitral proceedings and awards; Comparative analysis of the bases for refusing to recognize and execute an arbitral award; The time period for challenging an award; Settlement before and after receiving and arbitral award; Arbitration with sovereign governments; the issue of immunity from enforcement; The issue of forum shopping and asset tracing
16 www.ihu.edu.gr/legalInternational Hellenic University Programme Overview Core Courses Energy Law (30 hours / 6 ECTS) Course assessment: coursework + exam The Principles of Energy Law; The Energy Policy; The Long Term Energy Plan; The Regulator for Energy Market; The ACER; The Administrative Organization of Energy Sector; The EU Third Package of Energy Market Liberalization; The Public Service Obligations; The Protection of the Consumer; The Universal Service; The Last Resort; The Third Party Access; The Essential Facilities Doctrine; The Coding; State Aid Law in the Energy Sector; Competition Law in the Energy Industries; Environmental aspects: Climate Change, Environmental Protection, Pass through policies of CO2 rights; Renewable energy governance; The hydrocarbon activities under the International Public Law; The European legislation for hydrocarbons; The concession of the rights; The agreements; The rights and obligations of the lessee; The protection of the environment; The dispute resolution
17 www.ihu.edu.gr/legalInternational Hellenic University Programme Overview Elective Courses Legal Aspects of International Finance Economic Analysis of Law International and EU Tax Law European Labour and Employment Law Intellectual Property Law - Innovation, Technology and Patent Law International Insolvency Law: Principles and Policy Mergers and Acquisitions European and International Competition Law / Antitrust Law Internet Law and E-Business Banking Legal Environment Financial Crime European Procedural Law Legal Aspects of Risk Management EU Consumer Law Corporate Social Responsibility
18 www.ihu.edu.gr/legalInternational Hellenic University Programme Overview Dissertation Students choose a dissertation topic relevant to the courses of the LL.M. programme. A faculty member acts as the supervisor, working closely with the student. The dissertation is an individual 15,000-word paper of original scientific work, upon completion that is submitted for examination and approval by a three- member committee chaired by the student’s supervisor.
19 www.ihu.edu.gr/legalInternational Hellenic University Mobility of the academic staff – International Visiting Faculty – Agreement for Collaboration and Scholarly Exchange with the University of Heidelberg – Research exchange with the German Institute of Arbitration (DIS) – Workshops/ Moot courts Business Gateway A number of our students were accepted for traineeship by the International Chamber of Commerce (ICC) and by the Association of International Arbitration (AIA) Organization of Conferences – International Conference on Arbitration and Alternative Dispute Settlement in Germany, Greece and the Balkan States – Impediments and aspects of Mediation – Conference on the Protection from Banking Contracts – Conference on Internet Security and Internet Safety Strong points of the LL.M.
20 www.ihu.edu.gr/legalInternational Hellenic University We consider our academic staff as the basis upon which the success of the LLM is built. This is why we invest on selecting the most specialized scientists in their field and why our number one priority is to ascertain a unique experience for them. Besides rewarding them for their services, all of our visiting professors’ expenses (travelling and accommodation) are covered by the University. I personally show our faculty around Thessaloniki, I organize events for them and most importantly, we do day trips together to extraordinary places of archaeological, historical and cultural significance (Vergina, Pella, Dion, Mount Athos, Meteora, Kastoria, Amphipolis etc) all over Northern Greece. INTERNATIONAL FACULTY
International Hellenic University LL.M. in Transnational & European Commercial Law & Alternative Dispute Resolution Thank you for your attention 21 www.econ.ihu.edu.gr