International Commercial Arbitration

Credits: 
4
Objectives: 

The course is aimed at acquainting students with the legal practice of international commercial arbitration. Students will learn more about arbitration by going through the different steps of this procedure, i.e. drafting a valid arbitration clause, file a request for arbitration, handle the arbitration proceedings, etc. They will get insight from the perspective of a party in the arbitration (and thus their lawyer/in-house counsel) as well as the point of view of an arbitrator.

Contents: 

In this class, students will learn about the law of international commercial arbitration. This includes a study of the law that applies to the arbitration agreement and the arbitration proceedings, as well as the law that governs the court proceedings concerning the annulment, recognition or enforcement of an arbitral award. To gain insight into the law of international commercial arbitration, reference will be made to the arbitration laws of several national legal systems, to the uniform law provided in the UNCITRAL Model Law and to the UNCITRAL Arbitration Rules, to arbitration regulations of the most prominent arbitration institutions (eg. the ICC Court of Arbitration) as well as to provisions of soft law and lex mercatoria (Unidroit, IBA).

This class also focuses on the arbitration practice. Students will acquire the skills necessary to make practical choices about the arbitration procedure and this in light of the political and economic context in which the seat of arbitration is or must be situated. The students also become acquainted with different methods of ADR and with investment arbitration.

Key words: 
International commercial arbitration; dispute resolution; commercial arbitration institutions.
Faculty members: