International arbitration 2105-M-D2ARMI
Classes are conducted in a mixed form - lectures and seminars.
The classes cover the main issues of international and domestic commercial arbitration in legal and practical terms. The subject of interest will be the entire proceedings before an arbitration court. Particular attention will be paid to the role of permanent international arbitration courts in Europe. Other methods of commercial dispute resolution (mediation, conciliation commissions, etc.) will be briefly discussed.
1. Introduction
a. dispute resolution in domestic and international trade
b. international and domestic arbitration: a disappearing difference?
c. why submit a dispute to the jurisdiction of an arbitration tribunal?
d. Types of international arbitration
e. Institutional and ad hoc arbitration
f. Sources of international arbitration law
2. Applicable law
a. Law applicable to arbitration proceedings
b. Law applicable to the merits of the dispute
c. Conflict of law rules and methods of determining the applicable law
3. Arbitration clauses and arbitration agreements
a. Preliminary considerations
b. International standards
c. Types of arbitration proceedings
d. Arbitration clauses
e. Compromise
4. Establishment of the arbitral tribunal and organisation of its work
5. Powers, duties and jurisdiction of the arbitral tribunal
6. Conduct of proceedings
7. Award
8. Appeal for annulment, recognition and enforcement of the award
9. Role of the United Nations
10. Other extrajudicial methods of commercial dispute resolution
11. European law and arbitration
12. Polish legislation on alternative dispute resolution
13. conclusions
Type of course
Course coordinators
Learning outcomes
After completing the course, students will:
1. Have a basic understanding of the history and mechanisms of international arbitration.
2. Have a basic understanding of the fundamental principles of international arbitration.
3. Understand the importance of the principles of arbitration proceedings and their function,
4. Understand the factors that determine arbitration proceedings,
5. Have knowledge of international arbitration institutions,
6. Understand the factors that determine the course of arbitration proceedings,
7. Be able to describe other non-judicial methods of dispute resolution,
8. Be familiar with the costs and benefits of arbitration proceedings
9. Have knowledge of contemporary legal issues in international arbitration
SKILLS
1. Be able to explain the effects of an arbitration award
2. Be able to describe and explain the causes and effects of international disputes and methods of resolving them
4. Able to explain why parties to a dispute decide to go to arbitration
5. Able to list the basic arbitration institutions and describe their characteristics
6. Able to explain the basic factors determining the course of arbitration proceedings in international cases
ATTITUDES
1. Have greater independence in applying theoretical knowledge in the analysis of basic phenomena in the field of international dispute resolution
2. Be more responsible thanks to the fact that students are given a choice in how they acquire the knowledge presented there
3. Be more active in expressing your views, as assessment will be based on your participation in class and on your analysis of legal issues in the form of deliberation.
Assessment criteria
The assessment is based on a final examination (50%), participation in a simulation exercise (25%) and assessment of class participation (25%).
Bibliography
J.O. Rodner: International and National Arbitration: A Fading Distinction, Journal of International Arbitration 19(5), pp. 491-496, 2002.
K.R. Pierce: Down the Rabbit Hole: Who Decides What's Arbitrable?, Journal of International Arbitration 21(3), pp. 289-302, 2004.
M. Platte: An Arbitrator's Duty to Render Enforceable Award, Journal of International Arbitration 20(3), pp.307-313, 2003.
T.H. Webster: Selection of Arbitrators in a Nutshell, Journal of International Arbitration 19(3), pp.261-274, 2002.
L. Shore: What Lawyers Need to Know about International Commercial Arbitration, Journal of International Arbitration 20(1)
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: