Master
2024/2025
Advanced International Commercial Arbitration
Category 'Best Course for Career Development'
Category 'Best Course for Broadening Horizons and Diversity of Knowledge and Skills'
Category 'Best Course for New Knowledge and Skills'
Type:
Elective course (Law of International Trade and Dispute Resolution)
Area of studies:
Law
Delivered by:
School of International Law
Where:
Faculty of Law
When:
2 year, 1, 2 module
Mode of studies:
offline
Open to:
students of all HSE University campuses
Instructors:
Polina Lomakina
Master’s programme:
Law of International Trade and Dispute Resolution
Language:
English
ECTS credits:
6
Course Syllabus
Abstract
This course addresses central issues in the contemporary theory of international commercial arbitration and, true to its name, attempts to do it at an advanced level.
Unlike standard introductory courses on arbitration, which primarily focus on major legal instruments, such as the UNCITRAL Model Law, or discuss famous pronouncements of national courts on doctrinal controversies, like the proper law for arbitration agreement, we will explore the conceptual and normative foundations of international commercial arbitration. Our approach will be both critical and analytical: we will not only look into the current status quo, but also evaluate the justifications provided by courts and commentators, interrogate its underlying assumptions and consider possible alternatives.
The chief aim of this course is not only to deepen students’ understanding of contemporary framework of international commercial arbitration, but also to cultivate their ability to engage in rigorous conceptual critique and to situate international arbitration within broader legal, philosophical and socio-economic contexts.
Learning Objectives
- To deepen students’ understanding of the modern legal framework of international commercial arbitration by exploring the conceptual and normative foundations of international commercial arbitration.
- To introduce students to the key trends and doctrinal issues in the cotemporary theory of international commercial arbitration.
- To cultivate students’ ability to engage in rigorous conceptual critique and to situate international arbitration within broader legal, philosophical and socio-economic contexts.
Expected Learning Outcomes
- demonstrate deep understanding of essential characteristics of international commercial arbitration and relevant concepts and institutions
- easily navigate in regulatory framework, including international conventions, soft law and rules and procedures developed by arbitral institutions
- demonstrate good understanding of current trends peculiar to international commercial arbitration
- form critical views and allegations based on excellent understanding of theoretical context and good knowledge of case law, as well as to substantiate their position by relevant references
- work with large amounts of information (in particular, to make a research, evaluate, apply information, as may be necessary to work on scientific and professional assignments, as well as to apply systematic and comparative approaches)
Course Contents
- Subject 1. Essence and Principles of International Commercial Arbitration
- Subject 2. Arbitration Agreement
- Subject 3. Formation of Arbitration Agreement
- Subject 4. Parties to Arbitration Agreement.
- Subject 6. Arbitration Procedure
- Subject 7. Arbitration Award
- Subject 7. Student’s presentation
Assessment Elements
- Active work (including oral presentations) in seminars
- Mid-term examination (written)Written exam lasting for 20 minutes (maximum).
- Examination (oral)Oral exam during which the teaching professor will ask several questions (any from the topic covered in the course) which a student should answer immediately without time for preparation. Student will come and answer one by one.
Interim Assessment
- 2024/2025 2nd module0.3 * Active work (including oral presentations) in seminars + 0.45 * Examination (oral) + 0.25 * Mid-term examination (written)
Bibliography
Recommended Core Bibliography
- International arbitration and forum selection agreements : drafting and enforcing, Born, G. B., 2013
- The principles and practice of international commercial arbitration, Moses, M. L., 2017
Recommended Additional Bibliography
- Comparative international commercial arbitration, Lew, J. D. M., 2003