This course provides an in-depth study of alternative or out-of-court methods of resolving commercial disputes with international elements. It covers general topics such as negotiations, mediation and other attempts to reach a settlement. The alternatives to litigation will be examined, i.e., various out-of-court-settlement mechanisms. The introductory sessions explore the methods of resolving disputes in international trade in general.

Later the course focuses on major issues of contemporary arbitration law and practice. The topics include the procedural framework and sources, public policy and mandatory rules. The validity of arbitration agreement, and the applicable procedural and substantive law are paid attention to.

Next, the issues relating to the establishment of the tribunal, powers and duties of arbitrators and the conduct of arbitral proceedings are addressed. Consideration is given to the role of the national courts in arbitration, in particular with respect to the extent of judicial review in the proceedings for setting aside the award and in the procedure for the enforcement of the award. When addressing these issues, a comparative approach is used. The topics are studied through the analysis of the different arbitration rules, arbitration statutes, international treaties and relevant case law.

As the use of arbitration in the settlement of commercial disputes is growing steadily, the course may prove particularly useful for the students who have taken other ‘law’ courses, in particular those in the field of commercial law, contract law, corporate law and international civil procedure.

 

Format
The course has a heavy emphasis on class participation and interactive learning. The class meets twice a week. The general format of the course is  a combination of class discussions, seminars, mock sessions, student presentations, and lectures. The students are expected to complete assigned readings and projects prior to weekly meetings.  First weekly sessions will start with brief student presentations that will review previous week’s material. A lecture or workshop that will complement the readings will follow.  The second weekly sessions will involve class discussions and mock sessions.