Transnational Commercial Law

Aftab A. Iqbal J.D.

NIU College of Law (USA)
Admitted to practice State of Illinois. (USA)
Adjunct Faculty /UMT School of Law and Policy

Objective

The course is designed to provide an overview of the various areas of law that intersect in transnational
commercial transactions. The course will focus on transactional law from a global perspective as the
world we live in is ever so intertwined and connected with the advent of modern technology, the world
truly has become a global village. We will explore the various problems and situations that may arise
when individuals and/or entities transact business across borders. We will discuss the various
conventions, laws, and other methodologies that are employed to address the various situations that
may arise.

Methodology

We will employ the Socratic method of teaching with respect to the course. The assigned reading is
designed to give you a better perspective of the subject matter discussed in class. The various subject
matters will be explained and class discussions will be an integral part of understanding them. Students
will be tested both on the in-class discussions as well as the assigned reading associated with the
relevant subject matter discussed .

Students will be evaluated based on the following 3 factors: attendance, class participation and a final
assessment.

Schedule

Week 1
Introduction to transnational commercial law
- what it is?
- sources of law
- it's relevance in commerce

Week 2
Conflict of Laws
- various jurisdictions and venues in case of disputes
- various regulations governing commerce
- EU regulations
-Brussels Regulation 1
- Rome Regulation 1

Week 3
International Commercial Contracts
- importance of the contract
- importance of addressing all aspects of the relationship between the parties
- avoiding ambiguity
-UNIDROIT principles of international commercial contracts 2010
- Convention on the use of electronic communication in International Contracts

Week 4
International Sale of Good
- UN convention on contracts for the intern sale of goods
- international sales act 1967 (U.K.)

Week 5
Franchise Contracts
- various models of franchising, how the franchisor /franchisee relationship operates
- the master franchisor
- franchising in the developing world

Week 6
Mortgage securities
- what are they
- how they operate
- Hague convention applicable to certain rights in respect of securities held with an intermediary

Week 7
Review week
A recap of all the subject matter that we have discussed to assess comprehension and ensure that
students are grasping the material being studied.

Week 8
Payment in international transactions
- how do you ensure payment
- bills if lading, letters of credit, guarantees
-Convention guarantees
- difference between guarantee and lc
- Convention on independent guarantees and standby letters of credit
Week 9
Cross border insolvency
- what happens when one party becomes insolvent
- intro to US Bankruptcy Law
- how courts deal with multiple creditors
- how multiple bankruptcies are handled
- what happens when debtor assets exit in various jurisdictions

Week 10
Dispute resolution at the internationally
- alternative dispute resolution
- mediation
- arbitration provisions
- binding arbitration
- enforceability of provisions

Week 11
Maritime transport

- international convention for the unification of certain rules of law relating to bills of leading ( The
Hague-Visby Rules) 1924
- UN convention on carriage of goods by sea (Hamburg rules ) 1978
- UN convention on contracts for international carriage if goods wholly or partly by sea (Rotterdam rules
) 2009
- Carriage of goods by sea act 1971 (UK)

Week 12
Carriage of goods by road and air
- Convention on the contract for the international carriage of goods by road
-convention of international carriage of rail and uniform rules (COTIF/CIM Rules)

Week 13
Carriage by air and multimodal transport
- Warsaw Convention 1929 as amended by Montreal convention 1975
-carriage by air act 1961(UK)
-Geneva multimodal convention 1980
ICC uniform rules for combined transport
1973
ICC Rules of multimodal transport documents 1992
Week 14
Transactions in Securities

- shares, bonds, mortgages , and other financial instruments

- types of transactions
-risks
-classification of securities by mode of transfer
- diminishing importance of tangibility

Week 15
An overall review of the subject matter covered throughout the course. An opportunity to discuss and
ask questions regarding any areas where students require additional clarity.

Week 16

Final Assessment