JJUA55139U International Commercial Arbitration
This course assists students to develop a sound knowledge of the international commercial arbitration, its practice and normative framework as well as relevant legal issues from an international perspective. Over past decades International Commercial Arbitration has become 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.
During the course an 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 includes a general and theoretical introduction to the most important aspects of international commercial arbitration, as well as a number of case studies, in which in depth theoretical analysis of specific issues on arbitration and international commercial trade will be excercised.
Students will be required to conclude the analysis both orally and in written form.
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 and challange
- Enforcement and recognition
It is an advantage if the student has a fundamental knowledge of International Commercial Contracts and International Trade law. However it is not a prerequisite. The course is intended for both Danish and non-Danish students, which must have sufficient level of knowledge of English. Students from non-legal background are also welcome.
This course is part of iCourts Excellence Programme (iEP) – International Law and Courts in a Global World, see 'Remarks' below.
In general this course builds on knowledge obtained in both bachelor and MA courses as it: gives the students the opportunity to work with research methods of jurisprudence has learning activities that are part of writing a thesis ( problem-oriented case study work), contributes to specialized in-depth academic knowledge, contributes to acquiring skills in application of legal methods to solve complex legal task. More specifically the learning objective of the course is to enable the students to:
- Explain the purpose of the international commercial arbitration rules and their scope of application
- Give a detailed account of the fundamental concepts of international commercial arbitration law
- Identify relevant problems of international commercial arbitration
- Analyse questions of international commercial arbitration law and to interpret the law and practice in a concrete context
- Present arguments for different solutions in a structured and coherent manner that demonstrates a good overview of and insight into international commercial arbitration law and practice and the ability to make a qualified choice between these solutions
- Put commercial arbitration law and practice in an international perspective
- Communicate and formulate knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent; Develop drafting and advocacy skills
• Alan Redfern and Martin Hunter: On International Commercial
Arbitration, sixth 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.
The students will be divided into groups in which they will work throughout whole semester. Groups will be designed to mix Danish and non-Danish students together and at the same time mix women and men. After each group work students will present their group conclusions to the rest of the class. Among others, the following teaching activities will be used:
• think-pair share;
• homework – the students will asked to prepare particular material for an exercise for the next class;
• repetition in the form of a quiz,
• case presentations and analysis,
• group works (including excercises such as knowledge café and jigsaw)
- 15 ECTS
- Type of assessment
- Written examination, 3 daysAssigned individual written assignment, 3 days
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
December 14-17, 2018
February 1-4, 2019