International Commercial Arbitration
This course covers the following major topics of international (private) dispute settlement: (1) approaches to dispute resolution (peace and/or justice, patterns of dispute resolution, methods of settling international trade disputes - litigation, arbitration, mediation, conciliation, med-arb, mini-trial, fast-track arbitration); (2) the language problem in international dispute resolution; (3) the standing of arbitration within the legal system (arbitration versus courts and arbitration with the assistance of courts; the sources of relevant norms); (4) the authority of arbitration tribunals (the arbitration agreement as the cornerstone of the arbitration process; arbitrability); (5) the arbitrators (the arbitrators - qualifying and disqualifying circumstances; challenges; appointment and appointing authorities); (6) focal points in the arbitration process (selected elements of procedure before arbitration tribunals; the award; choice of law issues before the arbitrators; arbitration and provisional measures; costs); (7) the effects and confines of arbitral awards (deposit, confirmation, merger into judgement; res iudicata and litispendence; court control over the award, setting aside, recognition and enforcement).
- Understanding of the legal issues arising at the various stages of the arbitral process and familiarity with the relevant legal rules
- Ability to apply those rules to a variety of factual scenarios from the perspective of the parties, party-counsel, and the arbitrators
- Ability critically to examine a variety of legal authorities in the area of international commercial arbitration
The final grade for this course is based on class participation (20%) and a final examination (80%). The final examination is a 3-hour open-book in-class exam containing three questions.