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Prévention et gestion des conflits juridiques

  • Teacher(s):   J.Landrove  
  • English title: Prevention and management of legal disputes
  • Course given in: French
  • ECTS Credits: 3 credits
  • Schedule: Autumn Semester 2021-2022, 2.0h. course (weekly average)
  •  sessions
  • site web du cours course website
  • Related programmes:
    Bachelor of Science (BSc) in Management

    Bachelor (BSc) in Economic Sciences
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Objectives

At the end of the semester students are expected to:

* have acquired the automatism of keeping documentary evidence on a contract's life ;

* be able to explain the stakes/risks of applicable law and juridiction clauses embedded in a contract ;

* be able to cite, explain the functioning and thus differenciate the studied alternative dispute resolution methods ;

* be able to determine (by application of the studied parameters) the most adequate alternative dispute resolution method to manage an existing or a future dispute ;

* having integrated a basic legal jargon in order to be able to communicate with the in house legal department of a company (or with its outside lawyer) regarding dispute resolution methods.

Contents

The course starts with the premise that legal disputes is a real poison in the businnes world. Thus, a first part deals with the prevention of legal disputes likely to arise in a company's life. The analysed prevention advocates an active contract management, notably through the realization of the importance of facts and of related documentary evidence. Such first part also includes the display of alternative methods to judicial resolution of disputes (concilitation, negociation, expertise, etc) with a particular focus on business mediation and international arbitration. Finally, the adequacy between the potential or arisen dispute and the chosen dispute resolution method is analysed. A secon part deals with the management of legal disputes with case studies on negociation, mediation and arbitration, notably in international business, construction, sport disputes with pecuniary issues, and foreign investments linked to economic news.

"Because of the health evolution related to COVID-19, the study plans and the course format (on campus/online Zoom) may be adapted during the semester.”

Zoom link:

https://unil.zoom.us/j/2872883287

References

Books cited during the course as well as multiple scientific articles and rules available on the course website.

Pre-requisites

None.

Evaluation

First attempt

Exam:
Written 1h30 hours
Documentation:
Allowed
Calculator:
Allowed
Evaluation:

One hour and a half online written exam in the multiple choice form.

Retake

Exam:
Written 1h30 hours
Documentation:
Not allowed
Calculator:
Not allowed
Evaluation:

One hour and a half hour written exam (multiple choice without access to any documents).



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