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
- Applicable law in arbitration
- Arbitration agreement
- Establishment and organisation of the tribunal
- Powers of the tribunal
- Proceedings and evidence
- 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 Economic 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
Margaret L. Moses, The Principles and Practice of International Commercial Arbitration, (Cambridge 2017)
372 pages supplemented by research articles and case law.
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:
• mock arbitration;
• homework – the students will asked to prepare particular material for an exercise for the next class;
• repetition in the form of a quiz,
• case presentationa and analysis,
Please observe, this course is part of iCourts Excellence Programme (iEP) – International Law and Courts in a Global World. Students who sign up for the iEP become iCourts Student Fellows and will get a unique opportunity to become part of the research environment of iCourts – the only centre of excellence in law in Denmark. The iEP is open to all Danish and foreign BA and MA students at the Faculty. All iCourts courses may be taken as stand-alone courses but only students who complete a total of at least 45 ECTS courses offered by the centre or of 30 ECTS such courses plus write their MA-thesis with an iCourts Supervisor will receive a certificate confirming their participation in the iEP. Read more about the programme here: https://jura.ku.dk/icourts/education/excellence-programme/
- 15 ECTS
- Type of assessment
- Written examination, 4 hoursAssigned individual written assignment, 4 hours
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
December 10, 2020
February 2, 2021