(in Polish) International Dispute Resolution - Arbitration and European Civil Procedure 2200-1PS008-ERA

This course aims to present the issues of international dispute resolution. Students will first become acquainted with the concepts and institutions of European and international civil procedure, presented in a way that also provides orientation in the problems arising in disputes related to international commercial transactions. In the second block of issues, students will learn, also from a comparative law perspective, about the arbitration proceedings, proceedings related to arbitration (pre- and post-arbitration). The course will prioritise topics which are crucial for international arbitration practice.

Part one: European Civil Procedure
1. Concept, subject matter, and sources of international and European civil procedure. Subject matter of regulation and scope of application of Regulation (EU) No 1215/2012.
2. Jurisdiction – concept and types; jurisdictional connecting factors in civil and commercial matters. Examination of jurisdiction and admissibility of proceedings.
3. Jurisdiction agreement and submission to jurisdiction.
4. Forum shopping. International conflicts of jurisdiction; lis pendens.
5. Recognition of foreign judgments – the concept and theories of recognition of judgments (extension, cumulation, equalization of effects); subject-matter scope of recognition; models of recognition; grounds for recognition of judgments and effects of recognition.
6. Concept, scope, and grounds for the declaration of enforceability; the automatic enforceability versus proceedings for the granting of exequatur. Proceedings and application for refusal of enforcement. Adaptation of foreign judgments.
7. Provisional and protective measures in cases with a foreign element. European Account Preservation Order: subject matter of regulation, assumptions, scope of application of Regulation (EU) No 655/2014.

Part two: Arbitration
8. The essence and legal nature of arbitration. Sources of law. Typology of arbitration.
9. Arbitration agreement and arbitrability. Decision on jurisdiction.
10. Arbitral institutions. Appointment of the arbitral tribunal. Independence and impartiality of the arbitrator.
11. Commencement and organization of arbitration proceedings. Interim measures.
12. Taking of evidence. Organization of the hearing.
13. Decision-making in arbitration. Costs of arbitration proceedings.
14. Annulment of an arbitral award. Recognition and enforcement of an arbitral award.

The courses will be conducted in the form of a seminar, with the assumption of active student participation. Therefore, a list of materials will be made available to allow preparation for subsequent classes, with particular emphasis on the latest case law of the Supreme Court and common courts, as well as published decisions of arbitration tribunals.

Type of course

elective courses

Mode

Classroom

Prerequisites (description)

The course is intended for students in their 3rd, 4th, and 5th year of law studies. Students should have knowledge and understanding of basic concepts of civil law. They will become acquainted with, or will be simultaneously learning, the basic concepts of civil procedure, commercial law, or private international law. Knowledge of one of the following additional languages will be also useful: Polish, German, or French.

Course coordinators

Bartosz Wołodkiewicz

Learning outcomes

This course should enable the student to:
In terms of knowledge:
a) Learn the specifics and nature of European civil procedure law in an extended scope, not covered in the basic civil procedure course.
b) Learn the historical roots and contemporary status of arbitration as a special private procedure for resolving disputes in the area of private law.
c) Identify the specifics, basic principles, and sources of regulation of international arbitration.
d) Assess the grounds for the effectiveness of a judgment of a foreign court and an arbitral award, and their limitations.
In terms of skills:
a) Assess the usefulness of jurisdiction agreements and arbitration clauses in a specific commercial transaction.
b) Recognize problems associated with the choice of a specific forum and the adjudication of a dispute by arbitration or a foreign state court.
In terms of attitude:
a) Awareness of the relationship between the chosen method of dispute resolution and the application of substantive law and the final decision.
b) Understanding the basic conditions regarding the relationship of arbitrators to the parties and the impartiality and independence of arbitrators.

Assessment criteria

Grading will be based on an oral or written examination.

Additional information

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 2200-1PS008-ERA in USOSweb