Course Description

The course offers a systematic introduction to International Arbitration, with a special focus on commercial cases. In addition, the course includes a case study that illustrates how International Arbitration works in practice. The case study will lead to a Moot Court where each participant is invited to participate.

The course will be divided into two parts. In the first part, a systematic overview over International Arbitration will be offered, with a special focus on commercial cases. The main issues covered are the Rules and Procedures of important arbitral institutions, with a focus on the International Chamber of Commerce (ICC). The different stages of the arbitral proceedings will be explored, including the formation of the arbitration agreement, the question of the applicable law, the procedural rules, the domestic and international enforcement of the award and the possibilities to challenge an arbitral award in State courts.

The second part of the course will be dedicated to the application of the topics mentioned above in practice. Therefore, all participants will be invited to work on a case study. The subject of this case study will be located in the field of international commercial arbitration. Students will be divided into two groups in order to prepare a Moot Court-like simulation of arbitral proceedings on the case in front of the Tribunal. The Tribunal will be addressed by students at the end of the course. After the hearings and the decision of the Tribunal there will be a final session, which is dedicated to commentaries on the case as well as feedback on students’ performance.

The instructor will put together course material that will include cases from international and domestic tribunals as well as statutes and treaties of the EU and the U.S. This includes the Arbitration Rules of organisations like AAA and ICC as well as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). Furthermore, the Course will be based on a comprehensive PowerPoint Presentation, which will be made available for students as well. There will be a short written exam on the key issues of the course, and a good individual performance in the Moot Court may positively influence the final grade.

This course is recommended to Themis students.

Course Type

Lecture and Practice Exercise

Course Registration

Important notice: Registration for this course is obligatory, as the number of participants is limited. Please register via Campus Management.

Exam

There will be a final written exam

Frequency

The course will be held in every winter semester. close