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Name ________________________

ALR-FCIL ASSIGNMENT 4:

Transnational and Private International Legal Research

Please provide a research diary for each numbered question. Also please provide correct citations for all legal documents (consult Bluebook Rule 21)

1. Read the following hypothetical and provide a brief analysis of how you would go about researching and advising the client on this matter, listing the various areas of law involved and the sources you would want to consult [hint: review the first slide in the powerpoint to determine the process]:

“A US Corporation exports its products to Western European countries. It creates a Swiss subsidiary for its Western European production. The Swiss subsidiary enters into contracts with purchasers in different European countries. The US corporation’s products are physically shipped directly to the European purchaser. Title is arranged to pass outside the US and the physical goods never actually enter Switzerland. The profit realized on the resale of the product by the Swiss selling subsidiary would be subject to relatively low taxation.”

2. The Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters provides two basic ways of gathering evidence.

a. What are these two procedures? Provide official citation.

b. If you are looking to take evidence in Korea, will this Convention be recognized there?

c. Does the US State Department offer any additional guidance for taking evidence in Korea?

3. How does a party initiate a request for arbitration under the ICSID treaty?

a. Provide official citation for your answer.

b. Does Korea have any BITs with any countries? If so, how many of its BITs are available in full text online from UNCTAD?

c. Has Korea been a party to an ICSID dispute? If so, provide the citation

4. Your client is involved in an arbitration under the ICC rules, and wishes to challenge the assigned arbitrator on the grounds that she is biased.

a. How many days are allowed for such a challenge? Provide a citation.

b. Does the time period differ under the London Court of Arbitrations’ rules? Provide a citation.

c. Can you locate a case where one party challenged this rule? [if you cannot find one, you can still get credit for detailing an effective search process for doing so]

5. Locate Article 33 of the CISG.

a. What does this article provide for? Provide official citation.

b. How has the term “reasonable time” been interpreted by the courts with regard to Christmas items? Provide a citation.

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