Delivered at:: School of International Law

Course type:: Compulsory course

When:: 4 year, 1, 2 module

Instructor

Kostsov, Vladimir

Full 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 participation
The 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
An intermediate written task is distributed after the majority of course content is delivered in the form of a takehome written task in the form of a client memo, request for arbitration, or other types of legal writing, to be submitted by a designated deadline (usually one week after distribution). The grade is determined by reference to the student's understanding and knowledge of relevant legal concepts based on prior readings and in-class discussions; ability to comply with task instructions; depth of analysis exhibited in the written response; ability to consider both sides of a contentious point and critical thinking; the level of research skills; as well as clarity, organization and coherence of the student's writing. This activity cannot be retaken and the grade cannot be replaced with other forms of assessment.
Moot court
The moot court task is team based. Students will be given the opportunity of signing up for a team and their preferred role by a designated deadline. The list of roles, number of students in a team, available roles, as well as the exact team composition and the role of each student will, however, be finally determined and/or approved by the course instructor. If a student fails to sign up for a specific team by the deadline designated by the course instructor, they are deemed to have failed this part of the class (the grade is 0), even if they sign up The moot court grade is to be determined by reference to each student's contribution (as reported by the team) to the team's written pleading or other written document, as well as oral presentation. Where a student does not participate in oral pleadings and is responsible primarily for legal research, the grade instead takes into account the student's contribution to their team's legal position.
Final examination
Written takehome exam. The exam is distributed on the designated exam day in an electronic form and is to be submitted by the designated time on the same day. The exam normally exam consists of two parts that each in turn include one or more tasks. The first part is aimed at testing general theoretical knowledge whereas the second part tests the students’ ability to apply their knowledge in practice. The two parts carry equal weight. Students may consult notes and class readings during the exam. Outside sources are not permitted (it is therefore also not permitted to conduct new research on the Internet during the exam). Students are not allowed to consult or discuss the tasks with other students even after the exam has been submitted (within the examination period). No answers should involve unquoted copypaste from a textbook or another source, paraphrasing and/or other borrowing of ideas that are in fact the product of another person’s mind. Answers should be compliant with the word limit indicated in each task below. Additional words will not be read. Citations to sources are encouraged for a higher grade, but are not required (unless a specific task states otherwise). Students may identify sources without a formal citation (e.g. by party names or even by a general summary of facts of a case that you remember) as long as the reference is comprehensible. In case any information is missing from a task, students should state that in their reasoning and base your answer on an appropriate assumption.

Interim Assessment

2023/2024 2nd module
0.25 * Final examination + 0.25 * In-class participation + 0.25 * Intermediate written task + 0.25 * Moot court

Bibliography

Recommended Core Bibliography

The principles and practice of international commercial arbitration, Moses, M. L., 2017

Recommended Additional Bibliography

International arbitration : cases and materials, Born, G. B., 2015

Bachelor’s Programme 'Law'

International Arbitration