Бакалавриат
2022/2023
Международный арбитраж
Статус:
Курс по выбору (Право)
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
Охват аудитории:
для своего кампуса
Язык:
английский
Кредиты:
6
Контактные часы:
42
Course Syllabus
Abstract
The course on International Arbitration is focused on the study of key concepts of international arbitration as a mechanism for resolving international disputes, alternative to state court litigation and permanent international courts. 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 the students. As a result, students get an in-depth understanding of the basic principles of international arbitration, such as Kompetenz-Kompetenz, arbitrability, impartiality and independence of arbitrators, etc., as well as develop their advocacy skills. The course is conducted in English and will be useful for foreign and Russian students seeking to deepen their knowledge of international arbitration and the operation of the global dispute resolution system.
Learning Objectives
- The main purpose of the course is to enable students to deal with typical legal issues faced by international arbitral tribunals, as well as to research, develop and present adversarial legal arguments based on a critical analysis of arbitration-related legal concepts. This course also serves as a platform for preparation of students eager to participate in international moot court competitions.
Expected Learning Outcomes
- Students should have knowledge of 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.
- Students should have ability to apply key concepts of international arbitration; practical skills of legal research and analysis of case law and legal doctrine in the field of international arbitration.
- Students should have practical skills of development and presentation of legal position in English; legal drafting skills, including drafting of arbitration agreements, legal opinions and procedural documents.
- Students should have ability to identify legal issues and develop accurate legal solutions, develop problem-oriented and client-oriented approaches.
- Students should have understanding of the nature of international arbitration as a dispute settlement mechanism, as well as of the regulatory framework of international arbitration, including on the domestic, foreign and international levels.
- Students should have ability to work with information (search, evaluate, use information from various sources, including application of the systematic approach necessary to fulfil scholarly and professional tasks); ability to work in international legal environment, apply international arbitration law in day-to-day legal activity; ability to describe legal problems and situations occurring in professional sphere.
Course Contents
- Introduction to International Arbitration
- Essence and Principles of International Commercial Arbitration
- Institutional and Ad Hoc Arbitration
- 2. Arbitration Agreement
- Applicable Law in International Commercial Arbitration: General Overview
- Arbitrators and Arbitration Procedure
- Evidence and Costs
- Arbitral Award
- Recognition and Enforcement of Arbitral Awards
- 11. Investment Arbitration
- Presentation Skills and Legal Research in Arbitration (Moot-Court)
Assessment Elements
- In-class participation (lectures and seminars)
- Intermediate written task (case study)The intermediate written task consists of one or two open questions covering topics described in syllabus or written analysis of case / problem suggested by the course instructor
- Moot courtStudents 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.
- ExaminationWritten take-home 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
- 2022/2023 2nd module0.25 * Intermediate written task (case study) + 0.25 * In-class participation (lectures and seminars) + 0.25 * Moot court + 0.25 * Examination
