Lecture Series on International Commercial Agreement by Professor Dr. Ylli Dautaj
Day-5
Dates: 8th March 2025
About the Event:
The Certificate Course on International Commercial Agreements, led by the distinguished Dr. Ylli Dautaj, provided deep insights into the complexities of international arbitration. The session focused on crucial arbitration principles, including lex arbitrii (law governing arbitration), party autonomy, subject matter arbitrability, the doctrine of separability, and Kompetenz-Kompetenz. Participants explored the Iron Triangle of arbitration (quality, speed, and cost) and the four pillars of arbitration: the New York Convention, UNCITRAL Model Law, UNCITRAL Arbitration Rules, and Soft Laws/Rules. The event concluded with a felicitation ceremony honoring Dr. Aditya Tomer, Dean of the School of Law, for his support in organizing the course.
Key Highlights of the Event:
- Comprehensive Insights into Arbitration: Participants gained knowledge on arbitration agreements, procedural rules, and award enforcement.
- Practical Case Studies: The session included real-world examples, helping students understand arbitration frameworks.
- Engagement & Interaction: Active student participation in discussions made the session dynamic and thought-provoking.
- Hybrid Mode Success: The event was conducted in a blended format, allowing both in-person and remote participation.
Areas for Improvement:
- Extended Q&A Sessions: More time for interactive discussions could enhance student engagement.
- More Hands-on Training: A practical workshop on drafting arbitration clauses would further enrich the learning experience.
- Broader Outreach: Increased promotion could attract more external participants.
Day-4
Dates: 7th March, 2025
Venue: School of Law, Galgotias University
Key Highlights of the Event:
- In-depth discussion on Investor-State Dispute Settlement (ISDS) and International Treaty Arbitration (ITA).
- Analysis of Bilateral and Multilateral Investment Treaties and their role in global commerce.
- Examination of arbitration mechanisms, including ICSID, ICC, and UNCITRAL.
- Exploration of investor protection principles such as fair and equitable treatment (FET) and full protection and security (FPS).
- Engagement with real-world case studies to enhance practical understanding of international arbitration.
Areas for Improvement:
- Increased participation from external attendees.
- More time allocated for interactive discussions and case-study analysis.
- Integration of a panel discussion featuring legal practitioners in the field of investment arbitration.
Day-3
Dates: March 6, 2025
About the Event:
The third day of the Certificate Course on International Commercial Agreements was led by Prof. Dr. Ylli Dautaj, Visiting Associate Professor at Penn State Law. The session focused on contractual frameworks, CISG provisions, MoUs, LOIs, and FDI-related dispute settlement mechanisms. Students engaged in interactive discussions on international contract formation, enforcement, and remedies.
Key Highlights of the Event:
- In-depth discussion on the CISG, covering Article 1 (application scope), Article 6 (contract modifications), and Article 79 (excused performance).
- Practical insights into drafting MoUs and LOIs for cross-border agreements.
- Case studies on contractual renewal, performance obligations, and termination clauses.
- Exploration of foreign direct investment (FDI), ISDS, and investor-state arbitration (ITA).
- High student participation, showcasing keen interest in international trade law.
Areas for Improvement:
- More hands-on exercises in drafting international contracts.
- Additional case law discussions on CISG disputes.
- Broader focus on emerging trends in global trade regulations.
Day-2
Dates: 5th March 2025
Alternative Dispute Resolution (ADR) mechanisms were elaborated upon, including arbitration, mediation, conciliation, and negotiation. The session further delved into contract drafting, covering topics such as battle of forms, oral vs. written contracts, boilerplate clauses, and good faith principles. Additionally, students explored business structures like agency, franchising, licensing, and joint ventures.
Professor Ylli emphasized the importance of agreements as manuals for partnerships and encouraged students to think critically while drafting contracts. The session's success was evident through active discussions and engagement from attendees.
Key Highlights of the Event:
- Globalization and Multinational Corporations: Discussion on how globalization impacts trade and commercial laws.
- Capitalism in International Trade: Comparative analysis of liberal capitalism and state capitalism.
- Alternative Dispute Resolution (ADR): Arbitration, mediation, conciliation, and negotiation as dispute resolution mechanisms.
- Contract Drafting: Insights into formation, performance, breach, and remedies of contracts.
- Sales Contracts & Business Structures: Understanding agency, franchising, licensing, and joint ventures.
- Hybrid Participation: The session was successfully conducted both offline and in hybrid mode, allowing wider reach.
Areas for Improvement:
- Extended Q&A Session: More time for student queries and practical case discussions.
- Interactive Case Studies: Real-life case studies for better understanding of contractual negotiations.
- Resource Materials: Providing additional reading materials or sample agreements for reference.
Day-1
Event Date and year: 4th March, 2025
Event brief description – 200 words
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- Max 500 words
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.
Related Goal
