Бакалавриат
2024/2025
Международный арбитраж
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
Охват аудитории:
для своего кампуса
Преподаватели:
Косцов Владимир Николаевич
Язык:
английский
Кредиты:
6
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
- 1. Introduction to the international arbitration
- 2. Arbitration Agreement
- 3. Law applicable in arbitration
- 4. Arbitrability of disputes
- 5. Appointment of arbitrators
- 6. Independence and impartiality of arbitrators
- 7. Conduct of arbitral proceedings
- 8. Special issues
- 9. Arbitral award. recognition and enforcement of the award
- 10. Case strategy and practical aspects of an arbitration
- 11. Investment Arbitration
Assessment Elements
- In-class participationThe in-class participation grade covers both lectures and seminars and is based on attendance, participation in class discussions and on in-class case study tasks.
- 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 a 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 arbitrators, as well as by oral presentation of the prepared position and by cross-examining the other parties' experts during the class.
- ExaminationWritten take-home exam consists of two parts. The first part is devoted to theoretical questions (which may include true or false statements, a brief essay, etc.) on topics described in syllabus. The second part includes a written analysis of case / practical problem (or several problems) suggested by the course instructor.
Interim Assessment
- 2024/2025 2nd module0.25 * Examination + 0.25 * In-class participation + 0.25 * Intermediate written task (case study) + 0.25 * Moot court
