Graduation 2014The Fribourg Law Faculty Graduation was held on Saturday February 15th 2014 at the main building Miséricorde.

Congratulations and warmest best wishes to our 13 new LLM graduates!

Find more photos on our Facebook page!

Fribourg University Law Faculty LLM Program NewsletterIssue 7, March 2014

Internship Testimonialby Qinqin Yao, China, Class of 2013-2014 LLM, legal intern in Harmonic International AG

Harmonic is a leading provider of video production and delivery solutions to customers worldwide. As a

European branch of an American company, Harmonic deals with international business outside of the United States. It has a welcoming culture and work environment favoring independent thinking, with staff from various parts of the world. English is the working language, but most people speak French as well, besides their mother tongues. Therefore, the working atmosphere within the company is really international and multicultural.

As an intern to the Corporate Counsel, I had the chance to make the best of what I have acquired in both China and Japan, what I have been learning on the Fribourg Law LLM Program and what I could bring in from my Chinese and Asian background. This internship was an excellent opportunity for me to learn about international business contracts from a European perspective.

During the internship, I have been given the opportunity to work on compliance issues, to draft legal documents and business correspondence, to be involved in the negotiation with a prominent Chinese customer, to do research work on a contract provisions library, especially in matters of Chinese contract law, and to help reorganize legal documents from previous transactions etc. That was a great way to apply the knowledge I have gained from my academic studies.

The working environment at Harmonic is casual and comfortable; people are easy-going and cooperative. I have had the chance to meet colleagues abroad through video conferences, and to participate in entertainment activities organized by the company.

I am really grateful to this internship provided by the Fribourg Law LLM Program, as it is not only a great way to get a practical use of the legal knowledge acquired from classes, but also a good opportunity to meet many interesting people and to experience the real business environment. As is named by the LLM program, this is really a “Cross-Cultural Business Practice”!

Special AwardFribourg Law Faculty Team at the 9 th ICC International Commercial Mediation Competition in Paris

Once again the Fribourg University sent a team to the 9th edition of the International Commercial Mediation

Competition organized by the International Chamber of Commerce. It took place from the 7th to the 12th of February 2014 in Paris. There were around 600 participants from all over the world, including students, mediation practitioners and representatives from law firms and corporations. The event provides a platform for students to become familiar with commercial mediation and get an insight to techniques used in this field.

The Fribourg University was represented by a team of four law students enrolled in the Masters program and two coaches. The team spent a semester preparing for the competition, starting out by learning the basics of negotiation. In Paris, little time was left for the final preparations. The team of Fribourg

competed against four Universities in the preliminary rounds: Faculdade de Direito de Vitoria (Brazil), Fordham Universtiy School of Law (USA), Hugh Wooding Law School (Trinidad and Tobago), Hamline University School of Law (USA).

The highlight of the week was when Fribourg won the special award for the “Best Team Work”. Two weeks after the Competition, a ranking of the first 33 universities was published: Fribourg finished 17th, being the first University (after the finalists) not making it to the final rounds. The team and its coaches are very proud of this achievement, although a little bit disappointed as well, because it was so close...

Source: Marie-Hélène Dubler, Julia Senti, Gaëlle Waeber, Natalie Schwager

Fribourg University Law Faculty LLM Program NewsletterIssue 7, March 2014

Alberto Alemanno (ed.), Foundations of EU Food Law and Policy: Ten Years of the European Food Safety AuthorityAshgate 2013

This volume presents the viewpoints of academics, food lawyers, industry and

consumer representatives as well as those of EU policymakers on the first ten years of activity of one of the most prominent European agencies. Its broader purpose, however, is to discuss the future role played by EFSA within the rapidly-evolving area of EU food law and policy.

Mario Bussani/Franz Werro (eds.), European Private Law: A Handbook, Volume IIStämpfli Publishers 2014

The book is a collection of unpublished essays on the various fields of private law as

they evolve in a growingly integrated Europe. The texts are designed to offer a comprehensive overview of each chosen area of the law and to display as well as provoke debate, both from a substantive and a comparative point of view. This volume - which follows and complements a previous one, published in 2009 - contains contributions on corporation law, trusts, law of sales, (fair and unfair) competition law, liability for services, environmental liability, personal injuries law, products liability, limitation periods. It also includes a contribution on private law in the European constitutional order, and one on the economic analysis of the harmonization of European private law.

Erdem Büyüksagis, Le nouveau droit turc des obligations: Perspective comparative avec les droits suisse et européenHelbing Lichtenhahn Verlag 2014

Cette étude a un triple objectif : mettre en évidence un certain nombre de

différences concernant l’application, en Suisse et en Turquie, de règles juridiques identiques, analyser de manière comparative les innovations que le nouveau CO turc apporte par rapport au CO suisse et, finalement, étudier l’euro-compatibilité du nouveau droit turc en le comparant à la jurisprudence de la CJUE ainsi qu’aux règles et principes européens.

Diego P. Fernández Arroyo/Bénédicte Fauvarque-Cosson/Joël Monéger (dir.)Codification du droit privé et évolution du droit de l’arbitrageSociété de législation comparée 2014

Matthias Lehmann/Stefan Leible (auth./eds.), European Contract Law and German Law (European Monographs)Wolters Kluwer Law & Business 2014

The newest volume in Kluwer’s series of comparative analyses of Member State

law and the Principles of European Contract Law (PECL), this book not only provides a comparison of the PECL with German law, but also takes into account the Draft Common Frame of Reference (DCFR).

Pascal Pichonnaz/Louise Gullifer, Set-Off in Arbitration and Commercial TransactionsOxford University Press 2014

This book considers the issues involved in international commercial disputes where

set-off has been used. Most such disputes are conducted through arbitration so the focus of this book is on the effect of arbitration proceedings on set-off claims. The book considers the important institutional rules of arbitration procedure such as the Swiss Rules, the CNUDCI, the ICC rules and others. It covers in some detail the various possible solutions to the issue of applicable law under national and supra-national law. Included in this discussion is an analysis of the Rome I Regulation, the CISG, and the UNIDROIT Principles contained in the PICC and PECL.

Geoffrey Samuel, An Introduction to Comparative Law Theory and MethodHart Publishing 2014 (Forthcoming)

This short book on comparative law theory and method is designed primarily for postgraduate research students whose

work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.

Books by Program Professors

Articles and Chapters in Books by Program Professors

Alberto Alemanno/Amandine Garde, The Emergence of an EU Lifestyle Policy - The Case of Alcohol, Tobacco and Unhealthy Diets, Common Market Law Review, Vol. 50, No. 6, 2013

Alberto Alemanno/Oana Stefan, Openness at the Court of Justice of the European Union: Toppling a Taboo, Common Market Law Review, Vol. 51, No. 1, 2014

Alberto Alemanno/Alessandro Spina, Nudging Legally: On the Checks and Balances of Behavioural Regulation, International Journal of Constitutional Law, Vol. 12, Issue 2, 2014 (Forthcoming)

Christiana Fountoulakis, Commentary on articles 26, 71-73, 81-84 CISG, in Schwenzer (ed.), Schlechtriem & Schwenzer, Kommentar zum Einheitlichen UN-Kaufrecht – CISG –, 6. Aufl., C.H. Beck, 2013

Christiana Fountoulakis, Sales Law in Europe, in Franz Werro/Mario Bussani, European Private Law: A Handbook, Stämpfli Publishers 2014

Anne-Catherine Hahn, Res Judicata as a Challenge for Arbitral Tribunals, in Austrian Handbook on International Arbitration 2014, Manz Verlag 2014

Daniel Kraus, Is TRIPS Innovative Enough? How to Reconcile IP, Innovation and Health, in Marise Cremona and others (eds.), Reflections on the Constitutionalisation of International Economic Law, Liber Amicorum for Ernst-

Ulrich Petersmann, Martinus Nijhoff Publishers 2014

Pierre Legrand/Franz Werro, When It Would Have Been Better Not To Talk About a Better Model, in http://prawfsblawg.blogs.com/, March 2, 2014

Petros Mavroidis/Aaron Cosbey, A Turquoise Mess: Green Subsidies, Blue Industrial Policy, and Renewable Energy; The Case for Redrafting the Subsidies Agreement of the WTO, Journal of International Economic Law, 2014

Petros Mavroidis/Henrik Horn, Multilateral Environmental Agreements in the WTO: Silence Speaks Volumes, International Journal of Economic Theory, Vol. 10, Issue 1, 2014

Petros Mavroidis/Kamal Saggi, What is not so Cool about US-COOL Regulations? A Critical Analysis of the Appellate Body’s Ruling on US-COOL, World Trade Review, 13: 1-22, 2014

Petros Mavroidis, 1. Justice is Coming (… From Behind Closed Doors: the WTO Judges), in Marise Cremona and others (eds.), Reflections on the Constitutionalisation of International Economic Law, Liber Amicorum for Ernst-Ulrich Petersmann, Martinus Nijhoff Publishers 2014

Franz Werro/Eric Mittereder, Products Liability in the European Union: A Story of Unity or Plurality?, in Mario Bussani/Franz Werro, European Private Law: A Handbook, Stämpfli Publishers 2014

Upcoming Events

Non-negotiated Contract Clauses in EU Private LawProf. Dr. Thomas Pfeiffer, University of HeidelbergWednesday, 9th April 201417.15-18.45, University of Fribourg, Miséricorde, Room Jäggi (MIS 4112), Avenue de l’Europe 20

Shared Responsibility between the EU and its Member States after EU Accession to the ECHRDr Tobias Lock, University of EdinburghTuesday, 15th April 201417.15-18.45, University of Fribourg, Miséricorde, Room Jäggi (MIS 4112), Avenue de l’Europe 20

The legal status of third country nationals in the European UnionProf. Dr. Kees Groenendijk, University of Nijmegen

Thursday, 1st May 201417.15-18.45, University of Fribourg, Miséricorde, Room Jäggi (MIS 4112), Avenue de l’Europe 20

International Law and EconomicsProf. Anne van Aaken, University of Saint GallFriday, 9th May 201415.15-18.00, University of Fribourg, BeauregardRoom BQC 2.813, Avenue Beauregard 11, 1700 Fribourg

1st CAS Conference on Mediation: Promoting the resolution of sports disputes through CAS mediation Friday, 16th May 2014Olympic Museum, Lausanne

Fribourg University Law Faculty LLM Program NewsletterIssue 7, March 2014

Master of Laws in Cross-Cultural Business PracticeFribourg University Law School

Av. de Beauregard, 11Office 5.608

(00)(41)263008105mlcbp@unifr.ch

www.unifr.ch/ius/llm

Legal Publications by Other AuthorsWE RECOMMEND

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa Mary B AyadSpringer 2014

The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled

in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code.

Legal Interpretation in International Commercial ArbitrationJoanna JemielniakAshgate Pub Co, New edition 2014

This book fills a gap in legal academic study and practice in International Commercial

Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA.

International Arbitration and Corporate Law: An OHADA PracticeBenoît Le BarsEleven International Publishing 2014

This book is an updated edition of Benoit Le Bars’ book «Pratique du droit des societs en droit de l’OHADA.» The OHADA treaty (Organisation pour l’Harmonisation en Afrique du Droit des Affaires/Organization for the Harmonization of Business Law in Africa) covers 17 African States - mostly former French colonies from West and Central Africa - that largely followed the French legal model. The book is a welcome addition for non-French speakers interested in arbitration and corporate law in the OHADA countries. It will be of particular interest to readers from the English common law background and those who seek to understand the legal system in the OHADA countries in a more detailed and practical way. It will also appeal to investors, attorneys, and law students interested in the subject.

Contract Law in RussiaMaria Yefremova, Svetlana Yakovleva, Jane HendersonHart Publishing 2014 (Forthcoming)

The book explains Russian contract law in a form understandable to lawyers qualified in other countries, especially common law

countries. The introduction gives a concise overview of the Russian legal system in general and contract law in particular as well as a brief insight into the history of contract law in Russia. Then the main concepts of Russian contract law are explained, using the conceptual framework of English contract law to make them accessible to someone not familiar with the codified Russian system. The book not only considers the legislation regulating Russian contractual relations but also includes appropriate case law to show how the legislation is interpreted. The focus is on contract law in Russia as it actually operates, rather than merely the legislative texts, so that it will be directly relevant to legal practitioners and others who wish to acquire knowledge of the practical application of an important element of the Russian legal system, as well as those seeking an insight into the realities of codified law in action.

M&A in the Middle EastMichael Kortbawi (ed.)/Bin Shabib & Associates (BSA) LLP (Auth.)Globe Law and Business 2013

The Middle East and North Africa (MENA) region is a growing market which is

attracting increasing interest from local and foreign investors alike. With competition on the rise, the region has also seen significant developments in M&A activity. This trend has been driven by investors from around the world, drawn by the opportunities that the region has to offer, and by local companies seeking to consolidate their market share. Although the entire MENA region has unique investment potential, each jurisdiction presents specific opportunities and challenges in the context of M&A deals. This book highlights the idiosyncrasies and trends that define and distinguish each jurisdiction, while providing up-to-date and practical advice for legal professionals advising on deals. In-house lawyers and potential investors will also benefit from this valuable guide. This book includes country chapters on Algeria, Bahrain, Egypt, Iraq, Jordan, Lebanon, Kuwait, Morocco, Oman, Qatar, Saudi Arabia, Tunisia and the United Arab Emirates. Each chapter provides an overview of the jurisdictions corporate and commercial context, an analysis of the business environment and a guide to the requirements and challenges of conducting M&A transactions on the ground, including coverage of structuring, merger agreements, post-merger issues and case studies.