JJUA04047U International Commercial Arbitration

Volume 2013/2014
Education
KA
Content
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
Learning Outcome
- 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
Literature
• 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.
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Students must be able to read, understand and speak English well.
  • Category
  • Hours
  • Lectures
  • 34
  • Total
  • 34
Credit
10 ECTS
Type of assessment
Oral examination, 20 min
Marking scale
7-point grading scale
Censorship form
External censorship
Exam period
16. - 20. December 2013 (preliminary dates)