Fribourg University Law School in association with Neuchâtel University Law School Bern University Law School LL.M. Program 2013-2014 Master of Laws in Cross-Cultural Business Practice CONTRACTS BUSINESS WORLDWIDE www.unifr.ch/ius/llm - Av. de Beauregard 11 - Office 5.608 - CH-1700 Fribourg - T +41 26 300 81 05 - E mlcbp@unifr.ch
Mission & Vision The legal and cultural differences between countries and regions often undermine cross-border business prospects and challenge international contracts. In this context, a business lawyer must not only assess legal risks but also effectively bridge the legal and cultural differences. The LL.M. in Cross-Cultural Business Practice has been designed to address the specific legal and cultural issues that contract lawyers are facing today, and to provide the essential legal concepts and tools, while building intercultural awareness and enhancing communication skills. Crossing the traditional boundaries between Civil Law and Common Law, the LL.M. in Cross-Cultural Business Practice addresses specific areas of contract law (mergers & acquisitions, international sale of goods, joint ventures, distributorship, international construction and engineering contracts, insurance contracts, consumer contracts, business negotiation) and dispute resolution (international arbitration, private international law) and general topics of business law (international taxation, banking and finance, corporate law), as well as of EU and WTO law. The knowledge and skills acquired in our LL.M. are key differentiators in obtaining positions in law firms and legal departments of companies as well as international organizations. 2 Master of Laws in Cross-Cultural Business Practice
Program Overview Over a period of two semesters, high-profile professors and law practitioners from most renowned Universities (Georgetown, Columbia, Cambridge, Trinity College, Rome, Paris, Louvain, Hamburg) and major international law offices (Backer & McKenzie, Lalive, Herbert Smith, Freshfields) teach students essential tools for the practice of contract law in a multi-cultural world. While resting on a strong theoretical background, the teaching method is problem-based and draws on real cases providing broad exposure to procedural and international dispute settlement mechanisms. Clinics that run all year round and culminate in moot courts provide students with unparalleled experience in working with clients and communities of different cultural backgrounds and improve their effective capacity to solve difficult legal problems. In addition to law, instruction in crucial aspects of economics, ethics and anthropology is also provided. Through this comprehensive approach to contract and business matters, the courses are designed to help students develop a better understanding of the strategic and cultural challenges arising in multinational contexts. Master of Laws in Cross-Cultural Business Practice 3
The Program draws together some of the most prominent experts in each field of contract law, business law and European law from around the globe. Instructors are selected both from academia and practice. High-profile practitioners from law firms and institutions who specialize in business matters worldwide tailor their courses for the MLCBP. Class size is kept relatively low (about 15-30) students to ensure maximum interaction between faculty members and students. 4 Master of Laws in Cross-Cultural Business Practice
Alberto Alemanno, Haute Ecole de Commerce (HEC), Paris Catherine Barnard, University of Cambridge Barbara Boldt, EPFL, Lausanne Michael Joaquim Bonell, University of Rome I «La Sapienza» Erdem Büyüksagis, Fribourg University Law School Thomas Cottier, Bern University Law School Dominique Dreyer, former Swiss Ambassador to China & India Dominique J. E. Dreyer, Hartmann & Dreyer, Fribourg Marwan Issa El-Khoury, El Khoury Partners, Beirut Diego P. Fernandez Arroyo, Sciences Po, Paris Gerhard Fiolka, Fribourg University Law School Marcel Fontaine, Université de Louvain la Neuve Christiana Fountoulakis, Fribourg University Law School Charles Gustafson, Georgetown University Law Center, Washington D.C. Anne-Catherine Hahn, Baker & McKenzie, Zurich Henrik Horn, Research Institute of Industrial Economics, Stockholm Geraint Howells, Manchester University Alison Jones, King s College, London Carsten Jungmann, Bucerius Law School, Hamburg Daniel Kraus, Neuchâtel University Law School Matthias Lehmann, Martin Luther University, Halle-Wittenberg Mark Livschitz, Baker & McKenzie, Zurich Juan Marchetti, World Trade Organization, Geneva Petros Mavroidis, Neuchâtel University and European Institute, Florence Dr. Kirtikumar Mehta, former Cartels Director at EC Competition General Directorate Alaa Abdulhameed Naji, Naji Law Firm, Riyadh Marcel Niggli, Dean of Fribourg University Law School Hiroshi Oda, Herbert Smith LLP, London Emilia Onyema, School of African and Oriental Studies, London Bettina Palazzo, Palazzo & Palazzo Consulting, Lausanne Georgios Petrochilos, Freshfields, Bruckhaus, Deringer LLP, Paris Pascal Pichonnaz, Fribourg University Law School Francisco Reyes, Universidad Javeriana, Bogotá Rafael Rodrigez, Meggitt Sensing Systems Robinson Thomas, User observatory research lab, Swisscom Isabelle Romy, Fribourg University Law School and EPFL, Lausanne Moussa Samb, University of Dakar Michael E. Schneider, Lalive Partners, Geneva Aladar Sebeni, Fribourg University Law School Laurent Sigismondi, Novartis International AG Pierre Tercier, Fribourg University Law School Henri Torrione, Fribourg University Law School Franz Werro, Fribourg University Law School, Georgetown University Law Center Mingjie Zhang, Zhong Lun Law Firm, Shanghai Master of Laws in Cross-Cultural Business Practice 5
Fribourg University Fribourg University With approximately 10 000 students and over 200 professors representing more than 110 countries, the University of Fribourg has an unmistakably international atmosphere. Although it remains a friendly and closely-knit community thanks to its relatively small size. Fribourg University and its five Schools (Law, Economic and Social Sciences, Arts, Sciences and Theology), with study programs taught in both French and German, offer a welcoming intellectual environment in a truly bilingual and unique in Europe institution. Our University handles modern research by means of team work, interdisciplinarity, ethic responsability and dialogue with the Economics and Society worlds. Nearly 200 research groups shape the Fribourg Alma Mater engaged in some 650 projects of empirical reality useful to firms and the population at large. Sudents facilities The University provides students with free wi-fi access and open access computers. Students admitted to the Program have also free access to libraries and the unique possibility to take free language courses in the Fribourg University Language Center. As the sport is an important part of University life, our students enjoy free access to sport facilities of the Fribourg University and its extensive range of classes in 30 different sports. Even beyond the University s facilities, Fribourg offers great sport opportunities. The city has one of Switzerland s best basketball and hockey teams and, in October, you may take part in Morat-Fribourg race. Winter sports enthusiasts will appreciate hundreds of kilometers of well prepared slopes less than an hour away. 6 The Fribourg University adheres to noboundary scientific exchanges and offers its students a large exchange network thanks to world-wide partnerships as well as to the close cooperation with the Universities of Neuchâtel and Berne in the fields of education and research. Master of Laws in Cross-Cultural Business Practice
Law School - two centuries of tradition The Law School in the University of Fribourg is one of largest in Switzerland, and its reputation extends far beyond national borders. Since its foundation nearly 250 years ago, the Law School promotes international exchanges and welcomes students, staff and professors from around the world. Research plays a key role. In addition to Swiss law, international law and European law are among the research areas of the Law School. Branches such as philosophy of law, sociology of law and history of law constitute another priority. The Law School The programs place an emphasis on practice, which is achieved through exercises and intensive interactive courses. The School provides its 1 700 students with a personalized context and guarantees them the individual support and attention they need. The Fribourg University Law School takes an active part in international organizations that promote academic cooperation and has signed numerous agreements with different foreign schools. Students can choose from over a hundred mobility offers worldwide. Moreover, the School is one of the founding law schools of the Center for Transnational Legal Studies in London. «The Master of Laws in Cross-Cultural Business Practice was a great capstone to my legal studies. Through completion of the Program, I was able to distinguish myself from other graduating law students who did not have the international exposure to business and commercial law that I found at the University of Fribourg. When I came back to the United States, even in the depressed economy, my LL.M. enhanced profile made it easier for me to get informational interviews with established attorneys who work in both international and domestic commercial law. As employers were impressed with my international business law exposure, the Program enabled me to secure employment at top-11 national accounting firm and then a Wall Street corporate financing firm.» Chad YAZZIE, USA Graduated in 2011 Master of Laws in Cross-Cultural Business Practice 7
Curriculum The one year LL.M. in Cross-Cultural Business Practice Program begins in mid-september of each year. In order to receive the degree, students must fulfill a 60 ECTS-credit Program. To obtain the LL.M. degree, students must also complete an independent research and writing project. Upon completion of the Program, students receive the title of Master of Laws (LL.M.) in Cross-Cultural Business Practice awarded by the Universities of Fribourg, Bern and Neuchâtel. The Program is hosted in Fribourg and taught entirely in English. «I would like to distinguish a brilliant teaching staff invited to teach on MLCBP Program. The worldwide known professors and leading practicing lawyers all over the world taught me to think freely, independently basing on new knowledge and using to a large extent my previous experience. In this regard I appreciate an approach of the Program administration to accept students with the professional background once the teaching approach itself and proposed case studies supposed interaction of professionals.» Regina TENISHEVA, Russia Graduated in 2010 8 Master of Laws in Cross-Cultural Business Practice
Course of study Modules International Business Contracts Comparative contract law UNIDROIT Principles International joint-ventures International sales of goods Insurance contracts International construction contracts Consumer contracts Cross-Cultural Contracts Contract law in Asia Contract law in Africa Contract law in the Middle East Contract law in Latin America Dispute Resolution International arbitration Private international law Commercial dispute resolution Clinic I Commercial dispute resolution Clinic II Compliance Trade compliance Anti-corruption and anti-money laundering Compliance Global risk regulation Customs regulation Product liability Corporate governance General Business Law Intercultural business negotiation Introduction to economics Business ethics Tax law IP law EU and International Trade Law EU internal market Competition law of the EU State aid EU institutional and constitutional law WTO law Master of Laws in Cross-Cultural Business Practice 9
Admission to the Program Entry Requirements The LL.M. in Cross-Cultural Business Practice welcomes students having a first complete law degree or another academic qualification deemed equivalent by the selection committee. Admission is based on the strength of academic records and professional achievements. Preference will be given to lawyers who already have practiced law. Applicants whose first language is not English and who did not receive their University education in the English language are invited to take a language proficiency test (e.g. TOEFL or IELTS). Applicants with at least two years of professional legal experience in English may request a waiver of this requirement. Tuition Fees and Living Expenses Tuition fees are of CHF 25 000. Each year a number of scholarships are available. Fribourg University graduates can benefit from special financial conditions. In addition to the tuition fee, an amount of CHF 15 000 to CHF 22 000 is needed for living expenses in Switzerland. Important deadlines to consider September 16, 2013 December 20, 2013 February 17, 2014 April 30, 2014 May 28, 2014 September 15, 2014 September 30, 2014 beginning of classes (Fall semester) end of classes (Fall semester) beginning of classes (Spring semester) end date for 2014-2015 applications end of classes (Spring semester) beginning of classes (Fall semester) due date for Master s Thesis 10 Master of Laws in Cross-Cultural Business Practice
Application file the completed online application form (www.unifr.ch/ius/llm); a personal statement explaining the applicant s interest in the Program; a curriculum vitae; a photo ID; final official transcripts (degrees, diplomas) from each University attended; TOEFL or IELTS score; two reference letters by referees in a position to vouch for the applicant s professional and/or academic abilities; the table of contents and a 10-page excerpt from the main essay or dissertation written by the candidate during the course of University studies. In case such texts are not available in English, French, German, Italian or Spanish, applicants are asked to submit a translation; certified English translations of all official documents in languages other than English, French, German, Italian or Spanish; a proof of payment of the 150 Euro application fee (this is a non-refundable fee that is counted toward your tuition fee if you are accepted to the Program. Your application will NOT be reviewed unless we have received this non-waivable application fee; for payment details, please see the Tuition & Scholarships page of our website). Applicants for admission should send required documents by regular mail at: It is also possible to use the online application form at : Master of Laws in Cross-Cultural Business Practice Fribourg University Law School Av. de Beauregard 11, Off. 5.608, CH-1700 Fribourg www.unifr.ch/ius/llm Master of Laws in Cross-Cultural Business Practice 11
MBA & LL.M. Dual Degree In addition to the LL.M. Program, you can study at the Institute of Management in Technology (iimt) in order to combine legal studies with an economical education program. The iimt Executive Programs (Executive CAS, Executive Diploma, Executive MBA) prepare participants for high-level management careers. The Executive Programs blend the experience and expertise of an innovative teaching team in developing participants leadership qualities in both domestic and international business. The iimt Executive Programs are designed as a series of modules organized in different subject areas. The Executive MBA (EMBA) represents 15 course weeks with 30 modules in total, the Executive Diploma (DAS) 10 course weeks with 20 modules and the Executive Certificate (CAS) 5 course weeks with 10 modules. Both schools coordinated their timetable so that participants can visit all courses in parallel. For further information, please visit the Dual Program page: http://www.iimt.ch/index.php?id=428 12 Master of Laws in Cross-Cultural Business Practice
Cooperation Projects Lomonosov International Center Since 2012, the Master of Laws in Cross-Cultural Business Practice cooperates with the International Center of Lomonosov Moscow State University (ICL) in Geneva. The ICL is a private Swiss educational institution offering higher, general or further education. The tutors are leading professors of Lomonosov Moscow State University Faculty of Law, other leading Russian, European, US or other countries higher education institutions of schools, international organizations, state agencies or companies employees, or noted members of the sciences and arts community. The new academic cooperation project involves exchanges of students and professors, organization of joint scientific events and conferences, and offers to MLCBP students a lot of new opportunities of internships within the Moscow State University partner s: law offices, state agencies and Russian companies in Switzerland. Also, the Lomonosov Center offers the unique opportunity to learn and practice Russian language. Master of Laws in Cross-Cultural Business Practice 13
Program Directors Prof. Dr. Marc Amstutz Fribourg University Law School Prof. Dr. Thomas Cottier Bern University Law School Prof. Dr. Evelyne Clerc Neuchâtel University Law School Prof. Dr. Pascal Pichonnaz Fribourg University Law School Prof. Dr. Franz Werro Fribourg University Law School Georgetown University Law Center Prof. Dr. Dorothea Herren Bern University Law School Prof. Dr. Petros Mavroidis Neuchâtel University Law School European University Institute (Florence) Columbia University Law School Advisory Board 14 Prof. Mauro Bussani, Trieste University Law School Prof. Richard Buxbaum, Berkeley Law, UC Berkeley Dr. Dominique Dreyer, Former Swiss Ambassador to China & India Prof. Anwar Fazal, Chairperson of Taiping Peace Initiative, Director of the Right Livelihood College, University Sains Malaysia Prof. Charles Gustafson, Georgetown University Law Center Prof. Ellen Hertz, Director of the Institute of Ethnology, University of Neuchâtel Prof. Daniel Jutras, Dean of McGill University, Montreal Dr. Fatou Kiné Camara, School of Law & Politics, Cheikh Anta Diop Dakar University Prof. Pierre Legrand, Paris I-Sorbonne University Prof. Ana Laura Magaloni, Division on legal studies, Centro de Investigación y Docencia Económicas, Mexico Prof. Jan-Anders Månson, Vice-Président of the Swiss Federal Institute of Technology (EPFL), Lausanne Prof. Stephen P. Marks, Harvard School of Public Health, Director of the François-Xavier Bagnoud Center for Health & Human Rights, Harvard School of Public Health Prof. Ugo Mattei, Turin University Law School, Hastings College of Law, San Francisco Prof. Petros Mavroidis, Neuchâtel University Law School, Columbia Law School, New York Prof. Carrie Menkel-Meadow, Georgetown University Law Center Dr. Zhang Mingjie, Zhong Lun Law Firm, Shanghai Prof. Laura Nader, Berkeley University Prof. Jan Paulsson, Dundee University Law School, co-head of the international arbitration group at Freshfields Bruckhaus Deringer, President of the Administrative Tribunals of the Organization for Economic Cooperation and Development, President of the Commercial Council for Commercial Arbitration Prof. Miguel Poiares Maduro, European University Institute Prof. Ruth Sefton-Green, Paris I-Sorbonne University Prof. em. Pierre Tercier, Fribourg University Law School, Honorary President of the International Court of Arbitration, ICC, Paris Prof. em. Roland von Büren, Bern University Law School Prof. Hans-Peter Walter, Bern University Law School Master of Laws in Cross-Cultural Business Practice
Partners Master of Laws in Cross-Cultural Business Practice 15
ADDRESS PHONE Master of Laws (LL.M.) in Cross-Cultural Business Practice Fribourg University Law School Av. de Beauregard 11 Offices 5.608/5.610 CH - 1700 Fribourg (00)(41)26 300 81 05 WEBSITE www.unifr.ch/ius/llm FACEBOOK https://www.facebook.com/pages/ Master-of-Laws-in-Cross-Cultural- Business-Practice/108615175911572 TWITTER https://twitter.com/mlcbp_fribourg BKOHTAKTE http://vk.com/club38626937