PPT

Report
IHU School of Economics,
Business Administration and
Legal Studies
LL.M. in Transnational & European
Commercial Law, Arbitration, Mediation &
Energy Law
Prof. Dr. Athanassios Kaissis
Scientific Director
http://www.ihu.edu.gr/legal
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The International Hellenic University
• The International Hellenic University (IHU) is Greece’s first and only public
university where all programmes are taught in English. It was established
in October 2005 and is based in Thessaloniki in Northern Greece.
• The University is situated on a campus next to the airport of Thessaloniki.
• The city of Thessaloniki, named after the sister of Alexander the Great, is
the second largest in Greece and has an uninterrupted history of 2,300
years. It is also one of the cities with the highest numbers of University
students (approx.80.000 students).
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International Hellenic University
The International Hellenic University
IHU is financed by the European Union and the Greek State and already
attracts a strong international academic faculty and outstanding students from
countries as diverse as Albania, Armenia, Azerbaijan, Belgium, Bulgaria, Cameroon,
FYROM, Georgia, Lithuania, Mexico, Moldova, Romania, Russia, Slovakia, Sudan,
Turkey, Ukraine and the USA.
The University comprises three Schools:
• School of Economics, Business Administration & Legal Studies
• School of Humanities
• School of Science and Technology
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International Hellenic University
The International Hellenic University
This is the eighth year of the International Hellenic University’s existence. During this period,
the IHU has created ten postgraduate programmes, among which two legal.
We currently offer our students two legal postgraduate degrees :
the LL.M. in Transnational & European Commercial Law, Arbitration, Mediation & Energy
Law
 the MA in Art, Law and Economy
I will focus only on the first Progamme, the LLM.
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Special features of the LL.M.
• The LL.M. was approved in 2011 and as of 2014-2015 has successfully
concluded the third intake with 65 current students (over 100 applicants).
• It attracts graduates holding a university degree in Law, Economics, Political
Sciences or a related field. It gets applications from countries such as: UK,
Greece, Germany, Ukraine, Bulgaria, Turkey, Kosovo, Brazil etc and it is worth
mentioning that among our current students are experienced practitioners,
judges, prosecutors and legal advisors of the State.
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International Hellenic University
Special features of the LL.M.
• The programme is unique in that it combines the substantive law at transnational level (e.g.,
Secured Transactions) and European level (e.g., EU Company Law) with Alternative Dispute
Resolution (Arbitration, Mediation) for claims stemming from Transnational and European Law.
Moreover, the LLM focuses on Energy Law, an area of law of exceptional geopolitical
importance for our Region.
• The LLM is distinguished by its world-renowned teaching faculty coming from 7 countries (UK,
Germany, Italy, France, Netherlands, Cyprus, Luxemburg).
• The Law Library and the legal databases meet high international standards (Last editions of
most leading books in the field - Kluwer, LexisNexis, BeckOnline, Westlaw, FT, Bloomberg,
Kuselit, Heal Link etc.).
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Structure
LL.M.
(90 ECTS)
8 Core Courses
(48 ECTS)
7
4 Elective Courses
(12 ECTS)
Dissertation
(30 ECTS)
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International Hellenic University
Programme Overview
Description
Hours
Credits
8 Core Courses
(30 Hours each)
240
48
4 Elective Courses
(16 hours each)
64
12
Dissertation
Total Taught Hours
8
30
304
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International Hellenic University
Programme Overview
Core Courses
Transnational Commercial Law I (30 hours / 6 ECTS)
Course assessment: coursework + exam
Conflict of laws, introduction to the main branches of transnational
commercial law (international trading of goods, foreign investment
law, international banking and financial law, international
intellectual property law, international taxation law), the WTO
Agreements and principles, United Nations Convention on Contracts
for the International Sale of Goods, UNCITRAL Model Laws, ICC
Incoterms 2010, Rules For Any Mode Of Transport, Lex Mercatoria,
Mandatory And Overriding Mandatory Rules, Transnational Company
Agreements, Transnational Regulatory Networks And Their Limits,
Transnational Legal Process And State Change
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International Hellenic University
Programme Overview
Core Courses
Transnational Commercial Law II (30 hours / 6 ECTS)
Course assessment: coursework + exam
UNIDROIT - Mandate, Working Method, Main Achievements - Conventions - Soft Law;
1988 UNIDROIT Convention On International Financial Leasing (Ottawa Convention); 2001 Cape
Town Convention On International Interests On Mobile Equipment;
2001 Aircraft Protocol; 2007 Luxembourg Protocol On Matters Specific To Railway Rolling
Stock; 2012 Space Protocol On Matters Specific To Space Assets; 2008 Model Law On Leasing;
2009 Geneva Convention On The Substantive Aspects Of Intermediated Securities;
2001 United Nations Convention On The Assignment Of Receivables In International Trade;
2007 UNCITRAL Legislative Guide On Secured Transactions; 2006 Hague Convention On The Law
Applicable To Certain Rights In Respect Of Securities Held with an Intermediary; Hague
Conference; Acquisition Finance Devices;
Sale Under Retention Of Title; Security Rights; Secured Transactions;
Settlement Finality Directive; Financial Collateral Directive;
The Hague and Geneva Securities Conventions- a Modern and Global Legal Regime for
Intermediated Securities; Financial Collateral Arrangements; UNIDROIT Convention On Substantive
Rules For Intermediated Securities.
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Programme Overview
Core Courses
European Economic Law I (30 hours / 6 ECTS)
Course assessment: coursework + exam
The development of the European Union – Constitutional aspects of EU Law; EU
Treaties, Main Institutions, The competences of the European Union; The finances
of the European Union (Budget); Legislative process at EU level (co-decision)aspects of harmonization; Primary EU law (Treaties)-secondary EU law (Legal
instruments -regulations, directives and decisions); The legal system of the
European Union (acquis communautaire); General principles of EU Law
(principle of attributed competence, principle of subsidiarity, principle of
proportionality, principle of non-discrimination, principle of legal certainty, etc.);
EU Company Law. Harmonization of Company Law in the European Union.
Freedom of establishment of legal persons. Free movement of capital and
company law. The case law of the Court of Justice of the European Union on
Company Law. Company law and capital markets. Corporate Finance Law.
Corporate governance.
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International Hellenic University
Programme Overview
Core Courses
European Economic Law II (30 hours / 6 ECTS)
Course assessment: coursework + exam
Legal foundations of European economic systems and integration
Legal foundations of the single European financial market;
The harmonization of European banking law;
The harmonization of European securities and capital markets law;
The harmonization of European corporate law;
The history of monetary integration in Europe and the institutions of the EMU;
The role of the European Central Bank in monetary and financial stability;
Economic policy coordination in the EMU;
The external aspects of EMU;
Monetary stability and crisis management in the EMU.
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International Hellenic University
Programme Overview
Core Courses
International Commercial Arbitration I (30 hours / 6 ECTS)
Course assessment: coursework + exam
Introduction to International Commercial Arbitration and to Alternative Dispute
Resolution, in general; Advantages and disadvantages of arbitration; The
foundations and the main principles of international commercial arbitration,
negotiation and mediation; Forms of arbitration. Ad hoc arbitration\ institutional
arbitration, specialised categories of arbitration; Arbitration agreements: legal
nature, function, aims, validity, parties, categories of disputes, arbitrability,
confidentiality; Drafting the arbitration agreement: various requirements;
Applicable law; Judicial assistance for arbitration (enforcement of arbitration
agreements, evidence etc). Constitution of the Arbitral Tribunal, challenge of the
Tribunal’s jurisdiction and interim measures of protection; Appointment of
arbitrators and their duties; The stages of arbitral procedure and the main rules
of arbitration; Preliminary issues, written submissions, hearing, evidence; The
award: types, validity, remedies.
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International Hellenic University
Programme Overview
Core Courses
International Commercial Arbitration II (30 hours / 6 ECTS)
Course assessment: coursework + exam
Introduction to Arbitral Institutions, such as the ICC International Court of
Arbitration, the Chartered Institute of Arbitrators, the German Institution of
Arbitration, the American Arbitration Association, London Maritime Arbitrators
Association, Society of Maritime Arbitrators, Singapore Chamber of Maritime
Arbitration, International Centre for Settlement of Investment Disputes (ICSID) etc;
Harmonization of the rules of international commercial arbitration (The
UNCITRAL Model law, 1958 New York Convention on the recognition and
enforcement of foreign arbitral awards); Theoretical and practical aspects of
mediation; Introduction to maritime arbitration; Construction arbitration;
Investment arbitration; Energy Arbitration; Bilateral investment treaties;
Special features of arbitrations involving States or State-owned entities.
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International Hellenic University
Programme Overview
Core Courses
Recognition and Enforcement of International Arbitral Awards (30
hours / 6 ECTS)
Course assessment: coursework + exam
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign
Arbitral Awards (New York Convention); The 1961 European Convention on International
Arbitration; The 1965 Convention on the Settlement of Investment Disputes between States
and Nationals of Other States (Washington Convention); The 1975 Inter-American
Convention on International Commercial Arbitration (Panama Convention); The public
policy (“ordre public”) of the State in which the recognition and execution is requested;
The UNCITRAL Model Law on International Commercial Arbitration; The U.S. Federal
Arbitration Act and the practice of U.S. courts on recognition and enforcement of arbitral
proceedings and awards; Comparative analysis of the bases for refusing to recognize and
execute an arbitral award; The time period for challenging an award; Settlement before
and after receiving and arbitral award; Arbitration with sovereign governments; the issue
of immunity from enforcement; The issue of forum shopping and asset tracing
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International Hellenic University
Programme Overview
Core Courses
Energy Law (30 hours / 6 ECTS)
Course assessment: coursework + exam
The Principles of Energy Law; The Energy Policy; The Long Term Energy Plan;
The Regulator for Energy Market; The ACER; The Administrative Organization of
Energy Sector; The EU Third Package of Energy Market
Liberalization; The
Public Service Obligations; The Protection of the Consumer; The Universal Service;
The Last Resort; The Third Party Access; The Essential Facilities Doctrine; The
Coding; State Aid Law in the Energy Sector; Competition Law in the Energy
Industries; Environmental aspects: Climate Change, Environmental Protection, Pass
through policies of CO2 rights; Renewable energy governance; The hydrocarbon
activities under the International Public Law; The European legislation for
hydrocarbons; The concession of the rights;
The agreements; The rights and obligations of the lessee;
The protection of the environment;
The dispute resolution
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Programme Overview
Elective Courses
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Legal Aspects of International Finance
Economic Analysis of Law
International and EU Tax Law
European Labour and Employment Law
Intellectual Property Law - Innovation, Technology and Patent Law
International Insolvency Law: Principles and Policy
Mergers and Acquisitions
European and International Competition Law / Antitrust Law
Internet Law and E-Business
Banking Legal Environment
Financial Crime
European Procedural Law
Legal Aspects of Risk Management
EU Consumer Law
Corporate Social Responsibility
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International Hellenic University
Programme Overview
Dissertation
• Students choose a dissertation topic relevant to the
courses of the LL.M. programme. A faculty member
acts as the supervisor, working closely with the
student.
• The dissertation is an individual 15,000-word paper
of original scientific work, upon completion that is
submitted for examination and approval by a threemember committee chaired by the student’s
supervisor.
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International Hellenic University
Strong points of the LL.M.
• Mobility of the academic staff
– International Visiting Faculty
– Agreement for Collaboration and Scholarly Exchange with the University of Heidelberg
– Research exchange with the German Institute of Arbitration (DIS)
– Workshops/ Moot courts
• Business Gateway
A number of our students were accepted for traineeship by the International Chamber of Commerce (ICC)
and by the Association of International Arbitration (AIA)
• Organization of Conferences
– International Conference on Arbitration and Alternative Dispute Settlement in Germany, Greece and the
Balkan States
– Impediments and aspects of Mediation
– Conference on the Protection from Banking Contracts
– Conference on Internet Security and Internet Safety
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International Hellenic University
INTERNATIONAL FACULTY
• We consider our academic staff as the basis upon which the success of the
LLM is built. This is why we invest on selecting the most specialized scientists
in their field and why our number one priority is to ascertain a unique
experience for them.
• Besides rewarding them for their services, all of our visiting professors’
expenses (travelling and accommodation) are covered by the University. I
personally show our faculty around Thessaloniki, I organize events for them
and most importantly, we do day trips together to extraordinary places of
archaeological, historical and cultural significance (Vergina, Pella, Dion, Mount
Athos, Meteora, Kastoria, Amphipolis etc) all over Northern Greece.
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International Hellenic University
LL.M. in Transnational & European
Commercial Law & Alternative
Dispute Resolution
Thank you for your attention
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International Hellenic University

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