International Commercial Arbitration

Teaching hours and credit allocation: 30 hours, 6 credits
Course assessment: coursework + exam

Aims

This course aims at providing a concrete and comprehensive approach to international commercial arbitration. In general, arbitration constitutes one of the most important methods of alternative dispute resolution, at both global and regional level. There is an increasing tendency nowadays for disputes arising from international commercial transactions and business agreements to be settled through arbitration. The workload of courts, the litigation costs and need for confidentiality contribute to the popularity of international commercial arbitration. This course aims at providing all the necessary credentials to a lawyer interested in international commercial arbitration. Students will be introduced to this method of alternative dispute resolution, in theory and in practice. Basic concepts, as well as more detailed aspects of the arbitral process, will be examined. This course focuses on fundamental issues of international commercial arbitration. Its goal is also to provide the essential theoretical background allowing students to take the course on “International commercial arbitration II” where students will study practical issues, contemporary problems and specialized areas of international commercial arbitration.

Learning outcomes

On completion of the course, participants will be able to:

  • understand the foundations, rules and doctrines of international commercial arbitration.
  • understand the possibility of solving a dispute outside a national court system.
  • understand the other methods of alternative dispute resolution.
  • understand the various problems surrounding international commercial arbitration, as well as, the legal debates surrounding the proposed solutions.
  • understand the different types of provisions that may have to be taken into account in an international arbitration
  • focus on the relationship between conflict of laws and international commercial arbitration.
  • recognize the importance of the various requirements of an arbitration agreement.
  • appreciate the magnitude of international commercial arbitration in comparison with court processes (adjudication).
  • understand the role of domestic courts in international commercial arbitration.
  • engage with more advanced legal issues in “Ιnvestment and Energy Arbitration”

Content

  • Introduction to International Commercial Arbitration and to Alternative Dispute Resolution, in general.
  • Why international commercial arbitration is chosen by the parties. Advantages and disadvantages of arbitration.
  • Other dispute resolution methods: mediation, conciliation, neutral evaluation and expert determination, mini trials, last offer arbitration.
  • The foundations and the main principles of international commercial arbitration, negotiation and mediation
  • Forms of arbitration. Ad hoc arbitration\ institutional arbitration, specialised categories of arbitration.
  • Developing strategies of negotiation
  • Arbitration agreements: legal nature, function, aims, validity, parties, categories of disputes, arbitrability, confidentiality.
  • Drafting the arbitration agreement: various requirements.
  • Applicable law.
  • Judicial assistance for arbitration. (enforcement of arbitration agreements, evidence etc)