Delivered at:: School of International Law

Course type:: Elective course

When:: 4 year, 1, 2 module

Instructor

Kostsov, Vladimir

Full Syllabus Ask Question

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 (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 court
Students 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.
Examination
Written 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 module
0.25 * Examination + 0.25 * In-class participation + 0.25 * Intermediate written task (case study) + 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

Authors

GALPERIN MIKHAIL LVOVICH
Kostsov Vladimir Nikolaevich
SMIRNOVA SVETLANA ANATOLEVNA

Bachelor’s Programme 'Law'

International Arbitration