Infopaket

Resolution of Certain Categories of Economic Disputes

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

4

Achievement of such competencies as the ability to apply general and special legal knowledge in resolving corporate, foreign trade and investment disputes, ability to solve complex problems in the field of lawmaking and law enforcement; analyse corporate acts, be able to give a legal assessment of specific situations arising in the field of corporate, foreign trade and investment relations, the ability to make well-grounded decisions on legal issues in this area, the ability to work in an international context.

External form

Know the provisions of the Economic Code of Ukraine, the Economic Procedural Code of Ukraine, the Civil Code of Ukraine, the legislation on companies, the basics of international public and private law. Be competent with legislation, interpret its rules, resolve conflicts, collect and analyse legal information from national and foreign sources, including online resources, develop legal positions to address legal issues and practical situations. Possess basic skills of legal advice in the field of economic activity, taking into account the peculiarities of a specific situation and resolve disputes between the participants of economic activity with the help of legal methods.

The discipline focuses on the specifics of resolving corporate, foreign trade and investment disputes. Content module 1 examines the issues of corporate dispute resolution (forms and methods of corporate dispute resolution, jurisdiction of corporate disputes, specific features of appealing against the decisions of companies’ general meetings, derivative lawsuits, etc.), the use of alternative methods of resolving certain categories of corporate disputes. Content module 2 studies the basics of WTO law, the mechanism for disputes resolution within the WTO, investment disputes; settlement of investment disputes of ICSID; review of international investment arbitrations decisions; alternative methods of settling investment disputes

Corporate Law: a textbook. /ed. O.V. Harahonych, S.M. Hrudnytska, L.M. Doroshenko. - 2nd ed., Ed. Kyiv: Artek Publishing House, 2018. - 400 p. Corporate Law through the Prism of Judicial Practice: a monograph / ed. I.V. Spasybo-Fateeva. Kharkiv: EKUS, 2021. - 512 p. Poyedynok V.V. Legal Regulation of Investment Activity: theoretical problems: a Monograph. Nizhyn. Aspect-Polygraph, 2013. 480 p. WTO Dispute Resolution Handbook / USAID: Trade Policy Project, 2016. 31 p. A Handbook on the WTO Dispute Settlement System / World Trade Organization. Cambridge University Press, 2017. 414 p. Douglas Z. The International Law of Investment Claims. Cambridge University Press, 2009. 686 p. Investor-State Dispute Settlement: A sequel – UNCTAD Series on Issues in International Investment Agreements II (UNCTAD/DIAE/IA/2013/2), 2014. 225 p.

Types of classes are lectures and seminars. The main forms of student work at the seminar are solving cases (problems) and a report (presentation). Solving cases is carried out by students in writing according to logical methods in the form of an expert opinion. The basics of logical methods and requirements for the implementation and design of the case solution are explained by the teacher at the first seminar. The purpose of the report is to study a current problem of legal regulation or a specific court / arbitration case or category of cases (case study). The report on the problem includes the student's coverage of key problematic aspects of the issue, the use of main literature sources on this issue and the student's personal conclusions. The report on the materials of the court / arbitration case or category of cases provides coverage by the student of the legal positions of the parties, substantive law, which are in question in the case, and the legal opinion in the case.

Types of formative assessment are chosen by the teacher who conducts practical lessons in compliance with the course syllabus. The teacher who conducts seminars processes students’ points scored during coursework and enters them in the student performance evaluation documents. If a student is absent from a seminar for a good reason, he / she may complete the missed lesson in extracurricular time within 7 days after this lesson was missed, during the teacher's consultation. The procedure is carried out by means of oral questioning or another type of task set by the teacher. Points for missed classes are not awarded. At the end of the semester, missed classes are not completed.

Ukrainian