Certificate Course on International Commercial Agreement by Dr. Ylli Dautaj

Event Date: 4th March, 2025

Event brief description

The first day of the Certificate Course on International Commercial Agreements, organized by the School of Law, Galgotias University, occurred on March 4, 2025. The session was facilitated by Prof. Aditya Tomer, Dean of the School of Law, and featured a keynote lecture by Dr. Ylli Dautaj, Partner at DER Legal, Stockholm, and Associate Professor at Penn State Law, USA. Ms Gayatri Misra, an experienced advocate, also attended as an external guest.

Dr. Dautaj delivered an insightful lecture on Contract Formation, Performance, and Remedies, emphasizing the role of international agreements in global commerce. He discussed the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the importance of fairness and trust in contracts, referencing John Rawls’ Theory of Justice. He highlighted the challenges of cross-border contracting, including jurisdiction, dispute resolution, and enforcement mechanisms, explaining why arbitration is often preferred.

Additionally, he examined the rise of China and India in international trade, the growing influence of Multinational Enterprises (MNEs), and the legal complexities of globalization. The session concluded with an interactive discussion, allowing participants to engage with Dr. Dautaj, and setting the stage for the upcoming sessions.

Event Detailed Description

The first day of the Certificate Course on International Commercial Agreements, organized by the School of Law, Galgotias University, took place on March 4th , 2025. The course, designed to provide in-depth knowledge of international contracts, began with an insightful session led by Dr. Ylli Dautaj, Partner at DER Legal, Stockholm, and Associate Professor at Penn State Law, USA. The event was facilitated by Prof. Aditya Tomer, Dean of the School of Law, who facilitated the Guest Speaker. The session was also attended by Ms. Gayatri Misra, an experienced advocate specializing in civil litigation and child rights, as an external guest.

Dr. Ylli Dautaj delivered a compelling lecture on Contract Formation, Performance, and Remedies, focusing on the legal and practical aspects of international agreements. He explained that a contract is not merely a document but a legally binding framework that establishes obligations between parties. He emphasized the importance of international contracts in global commerce, particularly in a world where businesses operate across multiple jurisdictions. He also highlighted the role of legal frameworks like the United Nations Convention on Contracts for the International Sale of Goods (CISG), which harmonizes contract law for international trade, reducing legal uncertainties for businesses.

A key theme of his lecture was the principle of fairness and trust in contractual obligations. Dr. Dautaj referred to John Rawls’ Theory of Justice, explaining that fairness requires individuals to comply with agreements as part of a just and structured legal system. He stressed that trust plays a crucial role in contract law, especially in international business transactions where parties may be separated by geography, legal systems, and cultural differences. He argued that for contracts to be effective, there must be a mutual understanding, clear terms, and reliable enforcement mechanisms, whether through courts or alternative dispute resolution methods like arbitration.

The session also addressed the challenges of contracting in a transborder context, including issues of jurisdiction, choice of law, and dispute resolution. Dr Dautaj explained that one of the biggest concerns in international contracts is ensuring which country’s laws will govern the agreement and how disputes will be resolved. He elaborated on the advantages of arbitration as a preferred dispute resolution method in international contracts, given its neutrality, enforceability, and efficiency compared to traditional litigation.

Furthermore, Dr Dautaj discussed the growing influence of emerging economies, such as China and India, in international trade. He analyzed how the rise of Multinational Enterprises (MNEs) has shaped the landscape of international agreements, leading to an increased need for legally sound and enforceable contracts. The discussion also touched upon globalization and the evolving nature of business transactions, requiring legal professionals to stay updated with international trade laws and best practices.

The session concluded with an engaging discussion, where participants had the opportunity to interact with Dr. Dautaj. The first day set the stage for the upcoming sessions, which will delve deeper into the practical and legal dimensions of international commercial agreements.

Department Name –School of Law

Event Outcome

The first day of the Certificate Course on International Commercial Agreements provided participants with a strong foundation in international contract law, focusing on contract formation, performance, remedies, and dispute resolution. Dr Ylli Dautaj delivered an insightful session on global trade laws, fairness and trust in contracts, and challenges in cross- border agreements. He emphasized the importance of legal frameworks like CISG and the role of arbitration in dispute resolution. The session fostered interactive discussions, enhancing participants' understanding of international commercial agreements and setting the stage for more in-depth learning in the upcoming days.

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