Бакалавриат 2020/2021

Международный арбитраж

Лучший по критерию «Полезность курса для Вашей будущей карьеры»

Лучший по критерию «Полезность курса для расширения кругозора и разностороннего развития»

Лучший по критерию «Новизна полученных знаний»

Статус: Курс по выбору (Юриспруденция)

Направление: 40.03.01. Юриспруденция

Кто читает: Департамент международного права

Где читается: Факультет права

Когда читается: 4-й курс, 1, 2 модуль

Формат изучения: без онлайн-курса

Преподаватели: Гальперин Михаил Львович, Суэйнстон Майкл Джордж

Язык: английский

Кредиты: 6

Контактные часы: 42

Course Syllabus

Abstract

The course on International Arbitration is focused on study of the key institutes and concepts of international commercial arbitration as private mechanism for resolving international commercial disputes, alternative to the state court litigation, and also covers selected aspects of international investment arbitration and inter-state arbitration. The course is focused on the analysis of the most vital cases in the field of international arbitration and assumes active discussions of the case law by students. As a result, students get in-depth understanding of the basic principles of international arbitration, such Kompetenz-Kompetenz, autonomy of the arbitration agreement, arbitrability, impartiality and independence of arbitrators, etc., as well as develop their public speaking skills. Furthermore, during the course students are expected to prepare and submit several writing assignments involving critical evaluation and analysis of the discussed topics, as well as take part in a moot court, where students are suggested to prepare and present legal positions on the arbitration-related problem, which based on real cases considered by the state courts or arbitral tribunals. The course is conducted in English and will be useful for foreign and Russian students seeking to deepen their knowledge on international commercial arbitration and operation of the global dispute resolution system.

Learning Objectives

• The main purpose of the course is to make students able to deal with the most typical cases considered by the arbitral tribunals worldwide, to make research, prepare and represent legal argumentation based on the critical analysis of legal concepts. This course also serves as a platform for preparation of students eager to participate in international commercial arbitration moot courts, mainly Willem С. Vis International Commercial Arbitration Moot.

Expected Learning Outcomes

• Overall understanding of the nature of international arbitration as a dispute settlement mechanism; Regulatory framework of international arbitration, including local, foreign and international regulation;
• Essential characteristics of international arbitration, including issues related to interconnection between arbitration and national state courts; Key peculiarities of international arbitration procedure, including commencement of arbitration, selection and appointment of arbitrators, taking evidence in arbitration, nature of arbitral award, it’s recognition and enforcement.
• Application of the key concepts of international arbitration; Practical skills of legal research and analysis of case law and legal doctrine;
• Practical skills of development and presentation of legal position in English;
• Legal drafting skills, including in part related to drafting of arbitration agreements, legal opinions and procedural documents;
• Practical skills required for participation in moot court competitions.
• Ability to work with information (search, evaluate, use information from various sources, including application of the systematic approach, necessary to fulfil scientific and professional tasks);
• Ability to work in international legal environment, apply international arbitration law in day-to-day legal activity;
• Ability to identify legal issues and develop most effective and accurate legal solutions for such issues, develop problem-oriented and client-oriented approaches;
• Ability to search, analyze, and work with legally relevant information by using the juridical, comparative and other specific methods,
• Ability to describe legal problems and situations occurring in professional sphere.

Course Contents

• Introduction to International Arbitration
  Nature and Importance of International Arbitration. Studying International Commercial Arbitration. Legal Career in Arbitration. Presentation of Willem Vis International Commercial Arbitration Moot.
• Essence and Principles of International Commercial Arbitration
  History of Arbitration. Essence of International Commercial Arbitration. Principles of International Commercial Arbitration. Legal Framework of Arbitration. Arbitration and International Law, International Investment Arbitration.
• Institutional and Ad Hoc Arbitration
  Characteristics of Institutional and Ad Hoc Arbitration Pros and Cons of Institutional and Ad Hoc Arbitration Regulation of Institutional and Ad Hoc Arbitration. Arbitration Rules. Online arbitration
• Arbitration Agreement
  Legal Nature of Arbitration Agreement. Autonomy, Validity, Interpretation. Subjective and Objective Arbitrability. «Pathological» Arbitration Agreements.
• Applicable Law in International Commercial Arbitration: General Overview
  Applicable Procedural Law: lex loci arbitri and lex fori. Law Applicable to Arbitration Agreement. Applicable Substantive Law: Choice, Proof, Interpretation, Application. Conflict of Laws Rules in International Commercial Arbitration. Substantive National Law in International Commercial Arbitration. Lex mercatoria, INCOTERMS, UCP and UNIDROIT Principles in International Commercial Arbitration. United Nations Convention on Contracts for the International Sale of Goods 1980.
• Arbitrators and Arbitration Procedure
  Commencement of Arbitration. Selection and Appointment, Challenge and Removal of Arbitrators. Determination of Jurisdiction. Arbitration Procedure. Interim and Conservatory Measures.
• Evidence and Costs
  Evidence in Arbitration: principles and evidentiary means Costs in Arbitration.
• Arbitral Award
  Types of arbitral award. Confidentiality and publication of arbitral awards.
• Recognition and Enforcement of Arbitral Awards
  New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. UNCITRAL Model Law Regulation. National Regulation. Grounds to refuse Recognition and Enforcement.
• Investment Arbitration.
  Features of Investment Arbitration. Regulatory Framework.
• Presentation Skills and Legal Research in Arbitration (Moot-Court)
  Oral Skills in Arbitration. Using Legal Practice in Arbitration. Legal Research and Case Analysis Techniques. Participation in a moot-court.

Assessment Elements

• Active participation in seminars. Online.
• Intermediate test (case study). Online.
  Written 45-minute in-class test consists of one or two open questions covering topics described in syllabus or written analysis of case / problem suggested by the course instructor
• Moot court. Online.
  Students participate in a moot court by preparing written position on behalf of one of the parties of the dispute, experts or judges (arbitrators), as well as by oral presentation of the prepared position during the class.
• Examination (written). Online.
  Written 60-minute in-class exam consists of one or two open questions covering topics described in syllabus and written analysis of case / problem suggested by the course instructor

Interim Assessment

• Interim assessment (2 module)
  0.25 * Active participation in seminars. Online. + 0.25 * Examination (written). Online. + 0.25 * Intermediate test (case study). Online. + 0.25 * Moot court. Online.

Bibliography

Recommended Core Bibliography

• Comparative international commercial arbitration, Lew, J. D. M., 2003

Recommended Additional Bibliography

• Gaillard, E., & Bermann, G. A. (2017). Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards : New York, 1958. Brill | Nijhoff.
• Goswami, N. (2007). CIArb sets out guidelines on how to interview an arbitrator. Lawyer, 21(19), 6.
• International arbitration : cases and materials, Born, G. B., 2015
• United Nations Commission on International Trade Law. (2012). UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration. United Nations Publications.