Maquetación 1

International
Business Law
INTERNATIONAL PROGRAM
4-14 july, 2016
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.
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
With all of this in mind, successful 21st century legal practitioners
current business world, but will also be able to supplement all of this
now have no choice but to supplement their traditional training with
knowledge by reflecting appropriately on the commercial,
the acquisition of new —now essential— know-how related to the
geographical mobility-related, and technological aspects that
practice of international business law. In particular, in the future it
increasingly define the international lawyer.
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.
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.
Who should attend
• 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) 91 514 53 30
E-mail: [email protected]
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
Methodology
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 14 2016,
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.
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 2012. 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
Program Structure
1st WEEK (4 july - 8 July, 2016)
12:00
Monday
Tuesday
Wednesday
Supplementary session:
Introduction to AngloAmerican Law and the
Common Law methodology
Prof. Adam Dubin
Supplementary session:
Drafting international
contracts I
Prof. Renata Mendaña
Thursday
Supplementary session:
Legal English vocabulary,
expressions and
communication style
Prof. Christopher S. Davis
14:00
LUNCH TIME
15:30
Key legal aspects of the
current international
business world
Prof. Ángel Calleja
The American approach to
global law and policy
Prof. David Kennedy
Managing regulatory risk:
Compliance in a world of
conflicting regulation
Prof. David Kennedy
International business law
case study I
Prof. Ángel Calleja/
Prof. Renata Mendaña
19:00
2nd WEEK (11-15 July, 2016)
12:00
Monday
Tuesday
Wednesday
Supplementary session:
International Corporate Law I
Prof. Adam Dubin
Supplementary session:
International Corporate Law II
Prof. Adam Dubin
Supplementary session:
How to be an international
lawyer
Prof. Ángel Calleja
Thursday
Supplementary session:
Antitrust in international
business practice
Prof. Susana Cabrera
Prof. Marcos Araujo
14:00
LUNCH TIME
15:30
Drafting international
contracts II
Prof. Renata Mendaña
19:00
International negotiations
and contracts
Prof. Scott Brewer
International dispute
resolution
Prof. Scott Brewer
International business law
case study II
Closing session
Prof. Ángel Calleja/
Prof. Renata Mendaña
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
Prof. Renata Mendaña
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.
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
Prof. Renata Mendaña
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.
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.
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, 1988
- Assistant Professor of Law, 1991
- Professor of Law, 1998.
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).
Prof. Renata Mendaña
• Partner of Garrigues Law Firm in the Corporate Law department.
• Degree in Law, Universidad Pontificia Comillas, ICADE (E3), Madrid, 1991.
• Degree in Business Administration, Universidad Pontificia Comillas, ICADE (E3) , Madrid, 1992.
• 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 2004. 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.
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:
[email protected]
Paseo de Recoletos, 35
28004 Madrid, España
T (+34) 91 514 53 30
F (+34) 91 561 01 13
www.centrogarrigues.com
www.centrogarrigues.com