International Arbitration
Etablissement : Faculté de Droit – Lille et Issy-les-Moulineaux
Langue : Anglais
Formation(s) dans laquelle/lesquelles le cours apparait :
Période : S1
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: The Arbitral Award/Setting-Aside/Enforcement