大学院
学内のオンライン授業の情報漏洩防止のため，URLやアカウント、教室の記載は削除しております。
最終更新日：2024年4月22日
授業計画や教室は変更となる可能性があるため、必ずUTASで最新の情報を確認して下さい。
UTASにアクセスできない方は、担当教員または部局教務へお問い合わせ下さい。
最終更新日：2024年4月22日
授業計画や教室は変更となる可能性があるため、必ずUTASで最新の情報を確認して下さい。
UTASにアクセスできない方は、担当教員または部局教務へお問い合わせ下さい。
国際契約交渉
International Contract Negotiation
This course covers the theory and practice of commercial contracting in an international setting. The aim is to 1) help students master a fundamental skill set for negotiation and 2) understand how laws and rules related to international commercial activities may be best used in negotiating and drafting terms and conditions of an international commercial contract.
The centerpiece of the course will be a multi-week commercial negotiation exercise involving teams from the JD program at the University of Tokyo and counterpart teams from the LL.M. program at Keio University. The exercise involves students negotiating the terms and conditions of a hypothetical international contract. Students will play the role of lawyers representing clients, who will be played by instructors.
Some classes in the course will be longer than 105 minutes. Accordingly we will hold 12 classes in total, not 13.
The course will commence with three in-person sessions, involving only UTokyo students, and conclude with two in-person sessions that will again involve only UTokyo students. These five in-person sessions will be held in Room 304 of the Law School Classroom Building, from 10:25 to 12:15.
The middle seven classes will involve interactions with UKeio students.
For the six weeks from Week 4 through Week 9, the UTokyo class will form two teams who will negotiate with counterpart teams from Keio, via Zoom. To coordinate the schedules of the two universities, these negotiation exercise sessions will be held from 10:40-12:30, with each UTokyo team negotiating for one 50-minute session. (Team 1 will participate from 10:30 to 11:30; Team 2 from 11:40 to 12:30).
Our final class with UKeio will be in Week 10 and will be an "all hands" session, via Zoom. All participants from both UTokyo and UKeio will contribute, comparing their experiences of the negotiation exercise. This Week 10 class will be held from 10:40 to 12:30.
[Important Matters]
1. This course will be conducted entirely in English. In addition to the weekly negotiation sessions, it will entail research, document drafting, exchanging communications with the counterpart team at UKeio, and internal team coordination and preparation. These are all important skills for international contract negotiations so, while the course will be rather demanding, it will be of great value to any student who aspires to handle international business transactions.
2. As explained above, for the five sessions held separately at UTokyo, the normal 2nd period class time will be extended by five minutes, from 10:25 till 12:15, and for the seven sessions from Week 4 to Week 10 the meeting times will be different from the UTokyo standard class times.
3. Enrollment Limit: 12 students. The intercollegiate nature of the course necessitates no more than two teams, and the maximum number of members per team is 6.
The centerpiece of the course will be a multi-week commercial negotiation exercise involving teams from the JD program at the University of Tokyo and counterpart teams from the LL.M. program at Keio University. The exercise involves students negotiating the terms and conditions of a hypothetical international contract. Students will play the role of lawyers representing clients, who will be played by instructors.
Some classes in the course will be longer than 105 minutes. Accordingly we will hold 12 classes in total, not 13.
The course will commence with three in-person sessions, involving only UTokyo students, and conclude with two in-person sessions that will again involve only UTokyo students. These five in-person sessions will be held in Room 304 of the Law School Classroom Building, from 10:25 to 12:15.
The middle seven classes will involve interactions with UKeio students.
For the six weeks from Week 4 through Week 9, the UTokyo class will form two teams who will negotiate with counterpart teams from Keio, via Zoom. To coordinate the schedules of the two universities, these negotiation exercise sessions will be held from 10:40-12:30, with each UTokyo team negotiating for one 50-minute session. (Team 1 will participate from 10:30 to 11:30; Team 2 from 11:40 to 12:30).
Our final class with UKeio will be in Week 10 and will be an "all hands" session, via Zoom. All participants from both UTokyo and UKeio will contribute, comparing their experiences of the negotiation exercise. This Week 10 class will be held from 10:40 to 12:30.
[Important Matters]
1. This course will be conducted entirely in English. In addition to the weekly negotiation sessions, it will entail research, document drafting, exchanging communications with the counterpart team at UKeio, and internal team coordination and preparation. These are all important skills for international contract negotiations so, while the course will be rather demanding, it will be of great value to any student who aspires to handle international business transactions.
2. As explained above, for the five sessions held separately at UTokyo, the normal 2nd period class time will be extended by five minutes, from 10:25 till 12:15, and for the seven sessions from Week 4 to Week 10 the meeting times will be different from the UTokyo standard class times.
3. Enrollment Limit: 12 students. The intercollegiate nature of the course necessitates no more than two teams, and the maximum number of members per team is 6.
時間割／共通科目コード
コース名
教員
学期
時限
25-6321
GLP-LS6208L2
国際契約交渉
FOOTE Daniel
火曜2限
マイリストに追加
マイリストから削除
講義使用言語
英語
単位
2
実務経験のある教員による授業科目
NO
他学部履修
不可
開講所属
法学政治学研究科
授業計画
[Tentative: Please note that this schedule is subject to adjustment. This will be the first time that we conduct the class jointly with Keio University, and we may need to adjust as circumstances warrant. If changes are needed before the class begins, they will be posted to TKC. If adjustments are needed after the class commences, they will be announced in class and via TKC.]
Class 1: Introduction; Initial Negotiation Exercise;
Class 2: Understanding the Company’s Business; Legal Issues and Negotiating Strategies; Basics of Client Interviewing.
Class 3: Introduction to Mergers and Acquisitions.
[Attorney-client interviews. Between Class 3 and 4, each team is to arrange a one-hour meeting to interview their client [instructor(s) serving as client] to learn the facts, objectives, and major concerns the client has, and to prepare to begin representation. Following that meeting, each team will prepare a memorandum identifying the major objectives and the major issues anticipated in the negotiations.]
Classes 4 to 9: Weekly negotiation sessions between counterpart teams, via Zoom (with regular exchanges of drafts and agendas via email) (Team 1: 10:40-11:30; Team 2: 11:40-12:30)
Class 10: "All-Hands Session", for all participants on both sides, via Zoom (from 10:40-12:30). Opportunity to share and compare experiences by the teams and reflect on the experience and lessons learned.
Classes 11 and 12: The Keio LL.M. program concludes by early December. Thereafter, we will hold our final two classes separately, in-person, in Room 304 (at the standard time for 2nd Period, 10:25-12:10). These final classes will provide an additional opportunity to reflect on the experience and lessons learned. We also plan to consider other types of agreements at this time (such as sales, licensing and joint venture agreements).
授業の方法
As explained above, the core of the course will consist of negotiations and drafting by the respective teams. The course will also include lectures, interactive discussion, and an initial negotiation and drafting exercise by pairs or teams of students. The course will be conducted in English.
成績評価方法
Grading will be in accordance with the A+・A・B・C+・C-・F grading scale. A written exam will not be administered. Grading will be based upon overall class performance, including class participation (20%); performance on the negotiation and drafting project (50%);, and a final report, focused on some aspect of materials covered in the class (30%).
教科書
There are no specific textbooks.
Reference books include:
Roger Fisher, etc., Getting to Yes: Negotiating Agreement Without Giving In; Deepak Malhotra and Max H. Bazerman, Negotiation Genius; and Susan Blake, etc., A Practical Approach to Alternative Dispute Resolution.
Additional materials (including some supplemental materials in Japanese) will be compiled and distributed.
参考書
Relevant reference materials will be provided as appropriate.
履修上の注意
The course will be conducted in English.
