INTERNATIONAL PROGRAM. International Business Law

Transcription

1 INTERNATIONAL PROGRAM International Business Law 4-14 july, 2016

2 General overview The current changing times are transforming, permanently and in a profound way, how lawyers ply their trade in a world now dominated by irreversibly internationalized institutions, lawmakers, businesses and disputes. Today, more so than ever, there is a marked imbalance between the traditional lawyer local by definition and the new skills needed to cater, successfully and on the most competitive footing, to a legal services market that has become unmistakably international in its outlook. With all of this in mind, successful 21st century legal practitioners now have no choice but to supplement their traditional training with the acquisition of new now essential know-how related to the practice of international business law. In particular, in the future it will no longer be possible for a lawyer to act in, or add value to, their client s transactions and activities without first having a proper grounding in, and experience of, subjects such as the workings of the key institutions in the English speaking legal world, or case law, of the most relevant institutions and instruments for international contracts, of international treaties, and of international dispute resolution mechanisms, as these are all areas of expertise that have gone from being exotic to forming part of a lawyer s skill set for his or her everyday work. Based on a joint, shared vision of the legal profession and of how it is evolving, Centro de Estudios Garrigues and The Institute for Global Law and Policy at Harvard Law School are pleased to present this International Business Law Program, in which participants will not only have the opportunity to delve deeply, in a balanced way and guided by the very best international legal experts, into the main areas of international law that impact the current business world, but will also be able to supplement all of this knowledge by reflecting appropriately on the commercial, geographical mobility-related, and technological aspects that increasingly define the international lawyer. Aims and outcomes To provide participants with the essential key skills to practice competitively as lawyers in the international business world, as they complete the program modules. To gain an in-depth knowledge of international negotiations, international contracts, the principles of Anglo-Saxon law, the conflict of laws, international treaties and dispute resolution. To identify and define as far as possible the commercial, geographical mobility-related, and technological facets of the profile of an international lawyer, among other aspects.

3 Who should attend Methodology Practicing lawyers with any level of experience or responsibility, whether practicing in sole-practitioner firms or in partnerships, who are exposed to the problems posed by international business and transactions. Heads or members of the in-house legal departments of companies, whatever their size, who are increasingly involved in the international business world. Graduates or postgraduates who need to supplement their training, in a practical and direct way, with knowledge of the relevant key legal aspects of international contracts. Application fees The application fee for the entire program is 3,400. Former students of Centro de Estudios Garrigues will receive a 30% discount and current students will be entitled to a 50% discount. A discount of 15% will apply to two or more applications from the same company. To apply, please contact: Alejandro Cárdenas Diaz. Tel. (+34) informacion.centro@garrigues.com Financial facilities Participants would be able to apply for a special loan at Banco Sabadell in order to split up their payments into monthly fees during The program has been conceived from an eminently practical standpoint and is geared towards supplementing the traditional skills and strengths of a local lawyer with the most relevant knowledge of international business law as it currently stands, subject to the consequences flowing from the involvement of different international institutions and from the use of contract instruments imported from other legal systems. Participants will also have the opportunity to attend various supplementary sessions planned within the academic schedule of the program, in the morning (12:00-14:00), at no extra cost. These workshops will offer some additional tools and extra knowledge required by international lawyers. Certification Participants will receive an official certificate from Centro de Estudios Garrigues for the International Business Law Program organized in collaboration with the Institute for Global Law and Policy at Harvard Law School. Date and schedule The program will last 28 hours, to be taught from July 4 to , Monday to Thursday, 15:30 19:00. Additionally, there will be 14 hours of supplementary classes delivered from 12:00 14:00, so the total program length are 42 hours.

4 Alumni testimonials Garrigues and Harvard Law School s International Business Law Program combines top-tier expertise practice and theory for an experience which develops student s knowledge and skills based on problem-based learning. Ranging from international advice on contracts to in-depth case s analysis, its unique take on international business law allows students to experience some of the landmark cases and transactions on the subject first-hand. While Harvard professors lend their insight in an astoundingly creative yet precise manner, Garrigues steps up with some of its most senior partners as lecturers, providing for an utmost rich experience. To have been part of this elite program has been one of my most defining experiences as a lawyer, as it helped my practical skills in international contracts and operations. Manuel Fernández Morales -México Promotion 2011 Graduate in Law at TEC de Monterrey & Managing Partner at Estudio Jurídico Internacional López-Ibor Mayor & Asociados México I attended the Garrigues International Business Law program in the summer of I was pleased to see that this course can appeal to lawyers of any jurisdiction. The class was taught by both legal practitioners as well as professors, and was well organized and thoughtfully planned. It turned out to be a wonderful survey of all topics touching upon legal aspects of international business. The syllabus had a very "holistic" orientation and attempted to demonstrate the interplay among these aspects, as well effective and current application of techniques and subject matter knowledge, as described by lawyers who practice in the very prestigious law firm, Garrigues. I so enjoyed my other colleagues who were from Spain, Dominican Republic, Poland and Mexico, and was completely absorbed and challenged during the duration of the course. The sessions were interesting, interactive, and filled with dynamic discussions. There was also a great camaraderie in the class and some of us still keep in touch. I feel lucky to have been a part of this. Leslie Decillis - USA Promotion 2012 Managing Attorney for Latin America at Mary Kay Inc. The 2 weeks I spent in Madrid attending to Centro de Estudios Garrigues International Business Law were an excellent academic and personal experience. Apart from getting acquainted with people coming from different countries and backgrounds, the combination of Harvard s professors knowledge and the professional expertise of Garrigues lecturers provided me with important legal skills and tools to practice law in business transactions involving common law and civil law jurisdictions and according to a business, multicultural and multijurisdictional perspective. The program also provided significant information on the current trends of international business law and what skills international law firms expect their professionals and prospects to have. Brunno Morette - Brasil Promotion 2013 CFA Advogados, Garrigues Desk at Brasil The International Business Law Program is a great opportunity not only for students but also for professionals as it provides a thorough analysis of the international business world. Nowadays, it is not enough to understand our own legal system and the lack of knowledge of common law rules makes us less competitive in the international legal market. That s why I found this course very useful for my career, because it provided me with the essential understanding of Anglo-Saxon law necessary to deal with international contracts and negotiations. The course is taught by both Harvard Law professors and Garrigues lawyers which makes the experience even more interesting as you learn from the best. Belén Zornoza - Spain Promotion 2013 Final Year Student at Universidad Carlos III My experience at Garrigues, in the International Bussiness Law Program was definetely a unique one. As a lawyer, is always important to combine both theoretical and practical tactics, but when this tactics are teached by a high level professorship your sense of seeing things in a real-life scheme varies, taking into consideration the experience this law professional have had in the Internartional Bussiness Law area, and making you a more conscious professional of what things are needed in order for them to go the right way. Definetely, Harvard Law and Garrigues have created a one of a kind, and very exclusive course, not only for the experience they have, but also because of the human resource they count with. Manuel José Amèzquita Abreu Rep. Dominicana - Promotion 2013 Assistant to the Executive Director of Funglode

5 Program Structure 1st WEEK (4 july - 8 July, 2016) Monday Tuesday Wednesday Thursday 12:00 14:00 15:30 19:00 Key legal aspects of the current international business world Prof. Ángel Calleja Introduction to Anglo- American Law and the Common Law methodology Prof. Adam Dubin The American approach to global law and policy Prof. David Kennedy LUNCH TIME Drafting international contracts I Managing regulatory risk: Compliance in a world of conflicting regulation Prof. David Kennedy Legal English vocabulary, expressions and communication style Prof. Christopher S. Davis International business law case study I Prof. Ángel Calleja/ 2nd WEEK (11-15 July, 2016) Monday Tuesday Wednesday Thursday 12:00 International Corporate Law I Prof. Adam Dubin International Corporate Law II Prof. Adam Dubin How to be an international lawyer Prof. Ángel Calleja Antitrust in international business practice Prof. Susana Cabrera Prof. Marcos Araujo 14:00 15:30 Drafting international contracts II International negotiations and contracts Prof. Scott Brewer LUNCH TIME International dispute resolution Prof. Scott Brewer International business law case study II Closing session Prof. Ángel Calleja/ 19:00

6 Program KEY LEGAL ASPECTS OF THE CURRENT INTERNATIONAL BUSINESS WORLD Prof. Ángel Calleja The current international business world is the result of the far-reaching interaction between a range of key international business agents, including private operators, regulators and institutions, all operating within an increasingly globalized landscape. Lawyers require, more than ever, a deep and solid understanding of the foreseeable consequences of such interaction in order to anticipate problems, solutions and opportunities with respect to various issues and challenges. In short, to be able to add value both professionally and efficiently in today's changing environment. This opening session will provide an insight into the dynamics of the international business world and the impact of international economic law on lawyer's work. SUPPLEMENTARY SESSION: INTRODUCTION TO ANGLO-AMERICAN LAW AND COMMON LAW METHODOLOGY Prof. Adam Dubin The Anglo-American legal tradition has its roots in the Common Law system. As civil law jurists, it is therefore essential to conduct a comparative analysis of this approach and other international legal traditions. This session will examine the fundamentals of Anglo-American law, as well as the sources and limits of legal authority. The key features of this legal tradition include the use of logic and other analytical tools used in common law reasoning and argumentation. THE AMERICAN APPROACH TO GLOBAL LAW AND POLICY Prof. David Kennedy An introduction to American styles of legal reasoning, with particular focus on the ways they have influenced contemporary thinking in the United States about the structure and nature of global regulatory and administrative structures. The session will also develop a framework for thinking about cross-border and transnational regulatory issues, focusing on the plurality and flexibility of global regulation for both transnational commercial transactions and transnational military operations. Case study exercise. DRAFTING INTERNATIONAL CONTRACTS I & II This session will be a comprehensive overview of the intricacies of drafting international contracts. Participants will leave with a better command of the skills and knowledge necessary to successfully draft an international contract. The session will be highly practical in nature and will include an overview of the most relevant type of clauses in this kind of contracts. MANAGING REGULATORY RISK: COMPLIANCE IN A WORLD OF CONFLICTING REGULATION Prof. David Kennedy Participants will discuss the challenges of risk management and compliance across global value chains and multiple jurisdictions. We will examine recent developments in anti-corruption regulation and the US Foreign Corrupt Practices Act, in comparison to the regulatory compliance issues generated in other fields, from labor law to environmental law and financial regulation. The emphasis will be on transforming due diligence and compliance into forward looking efforts to ensure strategic awareness and engagement with the regulatory environment for transnational economic activity. SUPPLEMENTARY SESSION: LEGAL ENGLISH VOCABULARY, EXPRESSIONS AND STYLE Prof. Christopher S. Davis Participants will learn specialist vocabulary and expressions commonly used in legal communications, both in reports and in meetings. Focus will also be placed on adapting communication styles to the context and purpose of the message. SUPPLEMENTARY SESSION: INTERNATIONAL CORPORATE LAW I & II Prof. Adam Dubin Participants will study the following issues: corporate v. other business entities, formation and status of a corporation, shareholders informational rights and the proxy system, close corporations, the duty of care and the business judgment rule, structural changes and mergers & acquisitions, and dividends & share repurchases. The class will be a mix of lecture and practice. After each section of the lecture, participants will do practice problems taken from the New York State Bar exam.

7 INTERNATIONAL NEGOTIATIONS AND CONTRACTS Prof. Scott Brewer During this session, participants will consider some of the key regulations and institutions that govern and guide international contractual negotiation and the settlement of disputes relating to such contracts. Following a brief analysis of the concept of "bargaining in the shadow of the law" a handful of case studies will be used to examine certain key provisions of the Convention for the International Sale of Goods (CISG) and the International Institute for the Unification of Private Law (UNIDROIT). Some of the specific problems arising in cross-cultural international negotiations will also be dealt with. SUPPLEMENTARY SESSION: HOW TO BE AN INTERNATIONAL LAWYER Prof. Ángel Calleja Becoming a successful international lawyer is not only a matter of proficiency in issues such as understanding the current economic and business climate, the implications of globalization, the interaction between legal systems and knowledge of the objectives pursued by its main operators. An international lawyer also needs, as an essential element, to bridge the gap with respect to certain deficits, among others, in mobility-related, technological and commercial areas. Such areas do not generally form the subject matter of the legal curriculum, despite their key relevance. This closing session will deliver an insight into the core attitudes and skills of the successful 21st century lawyer in light of some of the major trends in the legal profession worldwide. INTERNATIONAL DISPUTE RESOLUTION Prof. Scott Brewer During this session, participants will consider some of the basic methods and institutions involved in international alternative dispute resolution ( alternative to litigation ), with a focus on commercial disputes. They will look at: mediation, nonbinding arbitration and binding arbitration. These methods of dispute resolution will then be briefly compared and contrasted with more traditional methods of litigation. Using a few case studies, some of the relative strengths and weaknesses of these different process, including litigation, will be assessed. The session will also analyze the operating procedures of certain key institutions involved in international alternative dispute resolution, such as the International Centre for Dispute Resolution (ICDR, the international division of the American Arbitration Association). SUPPLEMENTARY SESSION: ANTITRUST INTERNATIONAL BUSINESS PRACTICE Prof. Susana Cabrera Prof. Marcos Araujo We are living in a globalized economy where the number of companies operating in multiple jurisdictions continues to rise and there is a greater likelihood that anticompetitive transactions or conduct in one jurisdiction will harm competition and consumers in other parts of the world. Following the lead of the EU and the US, competition agencies in China, Brazil and India (among others), are increasingly becoming active in merger reviews and investigating and challenging a variety of business practices. International practitioners need to understand these antitrust risks and hot spots so that they can anticipate and address these issues with clients that operate internationally and are entering new markets around the globe. With emphasis on the EU, this program will however highlight global antitrust trends with a particular focus on the issues that may arise in an international M&A transaction subject to notification obligations in several jurisdictions as well as the key antitrust enforcement trends around the globe in relation to international investigations. INTERNATIONAL BUSINESS LAW CASE STUDY I & II Prof. Ángel Calleja CASE STUDY aimed at engaging participants in active learning and practicing international business law by putting them squarely in the shoes of real professionals wrestling with real dilemmas in the context of a two-party cross-border M&A transaction. Work will include strategy definition, problem identification and document drafting.

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9 Faculty Prof. Ángel Calleja Director of the Program Partner of Garrigues Law Firm, involved in the international and tax department. Leading advisor on both domestic and international transactions for leading Spanish multinationals. Advisor to numerous foreign multinationals operating in Spain. Head of planning and structuring of the most important investments made by Spanish companies abroad. Handled the first purchase of a US listed company by a Spanish multinational. Carried out the planning of the most important Spanish investment deals in Latin America. Posting in Germany (1997) where he advised the main German multinationals with investments in Spain. Responsible for the most relevant global transaction for suspension of trading on the stock markets of Latin America and New York. OECD: Private expert, advisor on transfer pricing and business restructuring. Consistently included in all the main independent international rankings: Chambers, Euromoney, International Tax Review, Who s Who, Best Lawyer and others. Professor of international taxation for Master s programs at various business schools in Madrid over the past fifteen years. Prof. David Kennedy, PhD Faculty Director of the Institute for Global Law and Policy at Harvard Law School Professor of Law at Harvard Law School. He teaches international law, international economic policy, legal theory, law and development and European law. He joined the Harvard Law faculty in 1981 after teaching in Germany. He holds a Ph.D. from the Fletcher School at Tufts University and a J.D. from Harvard. He is the author of numerous articles on international law and global governance. His research uses interdisciplinary materials from sociology and social theory, economics and history to explore issues of global governance, development policy and the nature of professional expertise. Professor Kennedy has worked on numerous international projects, both commercial and public, including work with the United Nations, the Commission of the European Union, and with the private firm of Cleary, Gottlieb, Steen and Hamilton in Brussels, where his work combined European antitrust litigation, government relations advising and general corporate law. A member of the Council on Foreign Relations, he has served as Chair of the World Economic Forum s Global Advisory Council on Global Governance. At Harvard, he served as Chair of the Graduate Committee and Faculty Director of International Legal Studies. Founder of the European Law Research Center at Harvard in 1991 and the Institute for Global Law and Policy in 2009.

10 Prof. Marcos Araujo Marcos Araujo is the head of the EU and Competition Law Department of Garrigues. His professional career has focused on competition law, particularly infringement and merger control proceedings before EU and Spanish administrative authorities. For more than twenty years, Marcos has worked with companies from a wide range of industrial and service sectors, and particularly in the energy, automotive, transport and pharmaceutical distribution industries. His reputation in the competition law market has been recognized by the most important legal directories, including Chambers & Partners (Band 1), Legal 500 and Legal Experts. Prof. Scott Brewer, PhD Scott Brewer is a Professor of Law at Harvard Law School. His research interests are based on the philosophical aspects of legal thought. His teaching experience has focused on contracts, evidence, jurisprudence & the philosophy of Law Education: - SUNY at Stony Brook B.A. 1979, Philosophy and Religious Studies - Yale University M.A. 1980, Philosophy - Yale Law School J.D. 1988; Harvard University Ph.D. 1997, Philosophy Professional experience: - Lecturer on Law, Assistant Professor of Law, Professor of Law, Prof. Susana Cabrera Susana Cabrera is a partner at J&A Garrigues New York Office, where she is a member of the Competition Law Department. She has advised Spanish and international clients on a wide variety of EU and Spanish competition law matters, such as mergers and acquisitions, cartel investigations, abuse of dominance, distribution practices, state aids or compliance issues. She is actively involved in the Section of International Law of the American Bar Association, holding leadership positions as co-chair of the International Antitrust Law Committee, member of the Section s Publications' Board and liaison to the Consejo General de la Abogacía (body representing and coordinating all Spanish Bar Associations). In 2010, Susana was elected as a fellow of the American Bar Foundation. Prof. Adam Dubin Adam Dubin is an Law Professor in the Department of International Public Law at Universidad Pontificia Comillas, where he is also the Director of an LLM program in International and European Business Law and the Director of a project on human rights in Sub-Saharan Africa. Adjunct Professor in the Politics Department of New York University's Madrid Campus. Adam previously worked as a Fellow in the United Nations Office of the Co-Prosecutors at the Cambodian genocide tribunal and also worked in New Delhi, India on sexual violence issues. Masters Degree in International Development Policy from the University of Manchester, England, a Juris Doctorate from Pace University School of Law and a Ph.D. in Law from Universidad Complutense de Madrid (University of Madrid).

11 Partner of Garrigues Law Firm in the Corporate Law department. Degree in Law, Universidad Pontificia Comillas, ICADE (E3), Madrid, Degree in Business Administration, Universidad Pontificia Comillas, ICADE (E3), Madrid, Leading advisor on both domestic and international transactions for leading Spanish and foreign multinationals. Provides recurring advice on corporate and commercial contractual matters to Spanish companies and multinationals as well as specialist advice on M&A and private equity transactions, having actively participated in similar transactions in the insurance sector. Has participated in the planning and structuring of major investments by both foreign multinationals in Spain and Spanish groups abroad. Prof. Christopher S. Davis Christopher was working as a lawyer in Turin & Turin, Immigration Law Firm, Dallas. He was Associate Attorney, February 2002 May He assisted in researching and writing federal appellate briefs in asylum cases. Researched criminal law and procedure issues and assisted in drafting motions. Actually Prof. Christopher delivers legal English programmes to a number of top law firms.

12 Másteres full time oficiales Dirigidos a recién licenciados o graduados MÁSTERES UNIVERSITARIOS Práctica Tributaria Práctica Jurídica Empresarial Práctica Jurídica Laboral Banca y Finanzas Recursos Humanos ACCESO A LA ABOGACÍA Máster Universitario en Práctica Jurídica: - Especialidad Tributaria - Especialidad Empresarial - Especialidad Laboral - Especialidad en Derecho Internacional de los Negocios Quiero formarme con los mejores profesionales Másteres Executive Dirigidos a profesionales con experiencia Asesoría Fiscal Fiscalidad Internacional Recursos Humanos Práctica Jurídica Empresarial Relaciones Laborales Corporate Finance Programa de Especialización en Compensación y Beneficios Más información: informacion.centro@garrigues.com Paseo de Recoletos, Madrid, España T (+34) F (+34)