JJUA04047U International Commercial Arbitration
This course deals with international commercial arbitration.
International Commercial Arbitration has over the past many years -
as a function of world trade - become the commercially most
significant method of alternative dispute resolution. A survey
carried out in the UK in 2008 showed that arbitration was used in
more than 85 % of all legal disputes The course will provide
participants with in depth knowledge of international commercial
arbitration.
The main objective of the course is to study and compare rules of
international arbitration. The emphasis will be placed on knowledge
and skills useful to practising lawyers who draft commercial
contracts and/or arbitrate commercial disputes at the international
level.
The course will be taught in English and class discussions will be
in English. The purpose is to attract Danish as well as exchange
students and to benefit from the different level of knowledge and
background each student brings to the class. There will be an
emphasis on student participation, and it will be required that
students make presentations and participate in discussions.
Students may also be asked to prepare arbitration clauses and
awards on different issues, and a moot case will be part of the
course as well.
The Course is divided into two parts. First, there will be a
general and theoretical introduction to the most important aspects
of international commercial arbitration. The second part will
revolve around a number of case studies, in which in depth
theoretical analysis of specific issues on arbitration and
international commercial trade will form the basis for moot court
exercises. Students will be required to argue orally.
The following main topics will be discussed during the course:
• Introduction to arbitration
• The applicable law in arbitration
• The arbitration agreement
• The establishment and organisation of the tribunal
• The powers of the tribunal
• The proceedings and evidence
• The role of national courts
• Awards
• Enforcement and recognition
• Investor State disputes
• Cases
- Explain and identify the extensive body of
international law of international commercial arbitration
- Explain, analyze and discuss the system of the
difference arbitrations institutes and ad-hoc arbitration
- Explain and analyze the problems with regard to state
regulations and the power of the arbitral tribunal
- Identify and analyze relevant problems with regards to
the role of national courts before, during and after arbitration
- Identify and discus challenges to and shortcomings of
international arbitration
- Analyze and critically reflect upon the role of the
applicable conventions and case law on consent, procedural issues
and enforcement
- Communicate and formulate her/his knowledge and
arguments professionally and linguistically correct and in a way
that is structured and coherent
• Alan Redfern and Martin Hunter: On International Commercial
Arbitration, Fifth edition student version, Oxford University
Press, 2009 (ISBN 978-0-19-955719-6)
• A collection of statutes, conventions, model laws, cases,
articles and book excerpts will form part of the course materials.
The required reading (pensum) for the exam will amount to approx.
575 pages.
- Category
- Hours
- Preparation
- 241
- Seminar
- 34
- Total
- 275
Enrolling as a Single Master Level/ Credit Student:
For Single Master Level Courses – click here!
For Single-subject credit students - click here!
For further
information
- Credit
- 10 ECTS
- Type of assessment
- Oral examination, 20 minOral exam without preparation, 20 minutes
- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period
December 19 - 23, 2016 (preliminary dates)
- Re-exam
Please see "Academic calendar" on KUnet.
Course information
- Language
- English
- Course code
- JJUA04047U
- Credit
- 10 ECTS
- Level
- Full Degree MasterFull Degree Master choice
- Duration
- 1 semester
- Placement
- Autumn
- Schedule
- A2
- Continuing and further education
- Price
DKK 10.000
- Study board
- Law
Contracting department
- Law
Course responsibles
- Joanna Lam (10-7075677474673472677346707b7834717b346a71)