2024/2025
Resolution of International Corporate and Construction Disputes
Type:
Mago-Lego
Delivered by:
School of International Law
When:
1, 2 module
Open to:
students of all HSE University campuses
Language:
English
ECTS credits:
6
Contact hours:
36
Course Syllabus
Abstract
Academic course "Arbitration of Construction and Corporate Disputes" is devoted to advanced studies of contemporary matters of theory and practice of international commercial dispute resolution in the field of construction and corporate disputes. The main goal of studying this course by students should be the formation of basic concepts of international commercial arbitration of construction and corporate disputes, as well as the development of pleading and legal writing skills, awareness of different cultural backgrounds, approaches to selecting an arbitrator, and understanding of the role of the legal counsel, the client and arbitrators.
As a result of mastering the course, students will acquire how to use the gained legal knowledge to resolve construction and corporate disputes in international commercial arbitration. The discipline provides group assignments in seminars, homework in the form of document preparation and an exam at the end of the course. There are no blocking elements of control. For successful completion of the course, students must master the following knowledge and competences: to possess the basics of international commercial arbitration; to be capable of critically evaluate and analyse judicial and arbitration practice; to have skills in working with scientific literature, analytical and statistical materials.
Learning Objectives
- The aim of the course is to provide students with a theoretical and practical understanding of the main institutes and sources of international commercial arbitration taking into account the specifics of construction and corporate disputes.
Expected Learning Outcomes
- Possesses a comprehensive understanding of the fundamental concepts of international commercial arbitration; can define the primary concepts in the field of international commercial arbitration.
- Demonstrates extensive knowledge of the specific aspects of resolving construction disputes in arbitration, has an understanding of the main features of construction contracts, parties to construction contracts, and typical claims in construction disputes.
- Has in-depth knowledge of the peculiarities of corporate dispute resolution.
- Is familiar with and can draft basic procedural documents (Request for Arbitration; Answer to the Request; Counterclaims, Reply to Counterclaims; Statement of Claim, and Statement of Defense).
- Possesses extensive knowledge of the basic concepts, criteria, and principles of the psychological characteristics of the participants in international commercial arbitration proceedings.
- Has in-depth knowledge of the peculiarities of business communication in international commercial arbitration.
- Correctly uses terminology in the field of international commercial arbitration; has a thorough knowledge of the legal regulation of international commercial arbitration in the Russian Federation and at the international level.
Course Contents
- Topic № 1. Specifics of resolving construction disputes in arbitration.
- Topic № 2. Peculiarities of corporate dispute resolution in arbitration.
- Topic № 3. Specifics of corporate disputes resolution in arbitration.
- Topic № 4. Initial stage of arbitration.
- Topic № 5. The main stage of arbitration.
- Topic № 6. Formation of the Tribunal. Selection of an arbitrator.
Assessment Elements
- Attendance, active participation, and in-class discussion
- Oral examOral interviewing
- Homework (preparation of procedural documents)
Interim Assessment
- 2024/2025 2nd module0.2 * Attendance, active participation, and in-class discussion + 0.2 * Homework (preparation of procedural documents) + 0.6 * Oral exam
