Master in Business Law, Arbitration and ADR
Dirección del programa:
Urquiola de Palacio del Valle de Lersundi
Centro:
Madrid
Fecha:
September
IDIOMA:
Spanish
ESTANCIA ACADÉMICA:
COLABORAN
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Introducción y objetivos
There are objectives that human beings cannot achieve alone. As a result, we need to partner with others in ever larger and more complex organisations. Partnerships and companies need rules with which to articulate their internal life. Companies also establish relationships with larger society and other companies, which, in turn, leads to new rules. The larger and more international these relationships are, the more complex the rules governing them become.
This complexity requires specialists, legal professionals who are capable of helping companies overcome difficulties and achieve their objectives. In the field of law, this means lawyers specialising in business law with an in-depth knowledge of company law, contract law, international commercial contracts and competition law.
Moreover, where there is a relationship, a conflict may arise. It is necessary to have the most effective means of resolving such conflicts and, once again, specialist legal professionals who are fully familiar with the rules that govern conflicts and know how to use these rules for the benefit of the companies. In the field of large operations and international business, this means specialists in arbitration and ADR.
Who can provide all this? The best specialists, with the best methods. In the case of the Master’s degree in business law, arbitration and ADR, its faculty and methodology speak for themselves.
Patrocinadores
Estructura, localización y calendario
This programme is divided into two modules, each consisting of 150 hours:
- Module I Business Law
- Module II Arbitration and ADR
Students can take the complete program, obtaining a Master’s degree in business law, arbitration and ADR, or take one of the two modules of the program, obtaining the title of business expert or the title of expert in arbitration and ADR.
5 hours of classes in face-to-face or streaming format, on Friday afternoons (Spanish time).
On Mondays, students will be provided with videos and study material, with a view to them preparing for the Friday classes and deepening their knowledge of the subjects previously covered. Additionally, on Mondays there will be presentations by international experts participating in the program from outside Madrid.
Students will have to complete a Master’s thesis (TFM), for the complete Master’s program, or a diploma thesis (TFD), for the second module, in addition to the oral and written defence of a case study.
Students who wish to do so may also carry out an internship for a period of between three and six months.
Salidas Profesionales
Litigation, commercial law or arbitration departments in law firms:
- Recent graduates wishing to enter these departments.
- Juniors in litigation or commercial departments.
- Experienced lawyers who wish to specialise as arbitrators.
Corporate legal department:
- Specialists in corporate legal advice
- Legal department directors
PROGRAMA ACADÉMICO
Module I: Business Law
Block 1: Corporate Law
THE CORPORATE PHENOMENON
- What type of company to choose in order to start a business?
- The general partnership of commercial traffic.
- The limited partnership as an investment vehicle.
- Forms of capitalist organisation.
- Groups of companies.
- PRACTICAL WORKSHOP.
CAPITAL COMPANIES
- How are they constituted? Foreign partners.
- Irregularity in the constitution.
- How to draw up the statutes: flexibilisation and personalisation.
- Covenants of partners and conflicts.
- Shares and participation. Differences. Limitation or extension of rights. Transmission.
- The administrators and their civil responsibility.
- Secretary of the Board.
- Shareholders’ Meeting. Challenge of agreements.
- Separation and exclusion of partners. Situations of conflict and oppression.
- PRACTICAL WORKSHOP.
CORPORATE TRANSACTIONS
- Bylaw amendments. Capital increase and reduction.
- M&A operations.
- Transformation, dissolution and liquidation.
- IPOs
- PRACTICAL WORKSHOP.
Block 2: Contract law
- Obligations and commercial contracts.
- Non-payment in commercial transactions.
- The criminal clause.
- Conventional modifications of responsibility.
- Formation of the contract. Vienna Convention and non-uniform law.
- The general conditions of the contracts: Unfair and invalid clauses, rules of incorporation, control of the content.
- The national and international commercial sale.
- Collaboration contracts: commission, agency, exclusive distribution and purchase, selective distribution, franchising, mediation.
- Transport, logistics, warehousing and escrow. Uniform and non-uniform law.
- Means of payment and guarantees. Transfer of funds. Payment cards. Electronic money and virtual currencies. Documentary credit. Guarantees on first demand. Bail bond. Comfort Letter.
- Electronic contracting.
- Business collaboration contracts.
- Leasing contracts.
- Corporate financing contracts and banking contracts.
- Insurance contracts.
- Contracting in strategic sectors.
- Artificial Intelligence and contract law.
- PRACTICAL WORKSHOP.
Block 3: International commercial contracts
- Introduction. Uniform commercial law and non-uniform commercial law. Rules and systematics. Principles of international commercial contracts.
- The international sale of goods. Incoterms, Construction of industrial plants. Countertrade. International leasing.
- Financing and means of payment of international transactions. Documentary credits. International transfers.
- Independent guarantees.
- International transport of goods.
- PRACTICAL WORKSHOP.
Block 4: General Competition Law
- The defence of free competition.
- The discipline of unfair competition. General clause and acts of unfair competition. Actions.
- Industrial and intellectual property: patents, trademarks, industrial designs and copyright.
- PRACTICAL WORKSHOP.
Module II
Block 1: Arbitration
- Introduction to Arbitration.
- The arbitration agreement.
- The arbitrators.
- The arbitration procedure.
- The Award.
- International Arbitration – International Business Law.
Block: 2: ADR
- Negotiation – Harvard Method.
- Mediation.
- Conciliation.
- Dispute Boards.
- Confidential binding offer.
- Collaborative law.
- Hybrid methods.
Block 3: Dispute resolution in practice
- Practical Cases: faced with the same dispute, students will have to simulate the resolution of a dispute using all the resolution methods studied in Blocks 1 and 2.
- TFM/TFD preparatory sessions
Soft skills:
- Legal research and writing
- Public speaking and argumentation
- Legal English Workshop
PROFESORADO
Program management – Director:
- Alejandro Halffter Gallego, Secretary General of the Chamber of Commerce, Industry and Services of Madrid.
Assistant to the Director:
- Urquiola de Palacio del Valle de Lersundi, President of the CAM (Madrid Court of Arbitration).
Module Coordinators:
- Module I: Irene Sánchez Román, Director of Legal Counsel of the Chamber of Commerce, Industry and Services of Madrid.
- Module II: Urquiola de Palacio del Valle de Lersundi and Marta Lalaguna Holzwarth, Secretary General of the CAM (Madrid Court of Arbitration).
Module I: Business Law
- Clara Cerdán – General Director, Legal Counsel and Secretary of the Board of Grupo FerroAtlántica.
- Marlen Estévez – Partner Roca Junyent
- César Giner Parreño – Professor of Commercial Law, Universidad Carlos III de Madrid
- Álvaro Lobato – Partner Litigation Department of DLA Piper
- Santiago Martínez Lage – International Referee
- Áticus Ocaña – Partner EY
- Irene Sánchez Román – Director of Legal Counsel and Procurement
- Francis Silván – Partner EY
- Fátima Rodríguez – Associate Lupicinio International Law Firm
- Marta Zárate – General Counsel KPMG
Module Two: Arbitration and ADR
- Urquiola de Palacio del Valle de Lersundi – President of CAM, Partner-Director of Palacio y Asociados
- Elena Gutiérrez García de Cortázar – Founding Partner of MCG Arbitration
- Rodrigo Jijón (Ecuador) – Partner Pérez, Bustamante y Ponce
- Marta Lalaguna Holzwarth – General Secretary of CAM
- Nicolás Martín de Vidales – Partner Avest Abogados
- María José Menéndez – Partner Ashurst
- Félix J. Montero – Partner Pérez Llorca
- Dámaso Riaño – General Counsel & Head of Institutional Relations
- Sixto Sánchez Lorenzo – Professor of Private International Law, University of Granada, Spain
- Marianella Ventura (Perú) – Secretary General of the Arbitration Centre of the Lima Chamber of Commerce
TÍTULO ACREDITATIVO
Once the relevant Program has concluded and ISDE has verified that the STUDENT has completed their work satisfactorily, the STUDENT will receive the corresponding Degree certificate for each PROGRAM.
In compliance with current legality and, specifically, as set forth in article 4.4 of decree 84/2004, it is noted that ISDE’s programs are professionally oriented and therefore, unless explicitly stated otherwise, they are courses that do not lead to the acquisition of a title with official value, but to that of a proprietary title from ISDE.
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ISDE IA