Workshop: Harmonizing International Trade Law Emphasizing Contract Law and German Arbitration Best Practices

Professor Dr. Manfred Wandt is an expert in Civil Law, Commercial and Insurance Law, Private International Law, and Comparative Law. He is also the Director-General of the Institute of Insurance Law (IVersR) and serves on the executive boards of the Institute for Law and Finance (ILF) and the International Center for Insurance Regulation (ICIR).

Meanwhile, with 35 years of experience in Germany and New York, Professor Dr. Hanns-Christian Salger specializes in dispute resolution, representing clients in courts and arbitrations worldwide. He has acted as an arbitrator under various rules (DIS, ICC, LCIA, AAA) and serves as an expert witness on German law and CISG before foreign courts and tribunals.

The opening remark was delivered by Mr. Tran Huu Duy Minh, Vice Dean of the Faculty of International Law. He highlighted the Faculty's traditional focus on educating Public International Law for the Ministry of Foreign Affairs but emphasized the increasing opportunities for students interested in the private sector. He described the lecture as a valuable opportunity for students aiming to build careers in international trade law.

In the first session named Harmonization of International Trade Law through soft law: the Principles of Reinsurance Contract Law as an example of global legal harmonization (Full link to article), Professor Dr. Manfred Wandt explained the concept of reinsurance, using examples of individual insurance policies, and emphasized the need for soft law based on common customs to mitigate risks for insurance companies. His presentation offered students valuable insights into how harmonized legal frameworks, such as reinsurance principles, support and facilitate international commerce. In the following Q&A session, Professor Dr. Manfred Wandt and lecturers from the Faculty of International Law discussed the impact of these legal principles on global trade and dispute resolution.

The second session, International Commercial Arbitration – Best Practice in German was delivered by Prof. Dr. Hanns-Christian Salger. He introduced the historical development of arbitration as a key dispute settlement mechanism in international commercial law. Professor Salger emphasized the critical role of private international law in arbitration, with a particular focus on the flexibility it offers to the parties involved. He also discussed the procedural differences between arbitration in civil law and common law systems.

Addressing challenges in modern arbitration, Professor Salger highlighted the need for measures to enhance its attractiveness, such as ensuring diversity and offering a wide selection of arbitrators. However, he underscored that arbitrators must be well-qualified, knowledgeable, and decisive to meet the increasing demands of international arbitration. He also answered questions from students and lecturers from the Faculty of International Law over the vital role of domestic law and private international law in arbitration.

The session concluded with Mr. Tran Huu Duy Minh, Vice Dean of the Faculty of International Law, delivering a closing remark. He expressed appreciation for the fresh perspectives provided by the presentation and noted how it opened new horizons for the attendees, especially those interested in careers in international arbitration.

The lecture offered valuable insights into both the harmonization of trade law and the evolution of arbitration practices, providing attendees with a deeper understanding of the complexities of global legal systems.