Présentation
Preliminary skills include the ability to read and legally analyze court decisions and arbitral awards; Sufficient speaking skills to present legal opinions in class.
My aim is to provide the students attending my course with a solid overview and introduction to the fundamental features of international commercial arbitration.
At the end of the course, the student should be able to:
Understand the key differences between arbitration as compared to other forms of alternative dispute resolution; explain the advantages and disadvantages of arbitration; comprehend the legal framework of arbitration and interaction of the various rules and laws to the procedure; describe the key elements of an arbitration agreement; define the nomination process of an arbitrator; describe the arbitral procedure and various steps of evidentiary proceeding; explain the rules for selecting the law applicable to the merits of a dispute; explain the consequences once an award has been rendered by an arbitral tribunal including potential set-aside and enforcement proceedings at the state court level.
The course will be primary conducted through the lecture of the subject matter followed by a presentation of cases covering the issues relevant for the specific topic. There will be some reading assignments during the duration of the course, and I will expect student participation when going through the lecture material.
Unit 1: Introduction and Basic Principles
Unit 2: The arbitration Agreement and Jurisdiction
Unit 3: The Arbitral Tribunal
Unit 4: The Arbitral Procedure
Unit 5: The Hearing in Practice
Unit 6: The Applicable law
Unit 7: Tha Arbitral Award/Setting-Aside/Enforcement
Modalités
Effective presence :24h
self learning ( research, readings..)