Infopaket

Commercial Disputes Resolution

ДВС.37.11

Вибіркова дисципліна для ОП

Second

2023/2024

1 Semester

4

To present a research on a legal topic using primary sources and methods of legal interpretation of complex problems arising out of this study, to argue the conclusions; to analyze the interaction of international law and international legal systems with the legal system of Ukraine on the basis of awareness of the basic modern legal doctrines, values and principles of law; to conduct a comparative legal analysis of individual legal institutions of different legal systems; to participate productively in the development of draft regulations; to substantiate the social necessity of their adoption, to predict the results their impact on relevant social relations.

Distance form

To know the main aspects of the development of commercial dispute resolution, the features of classification and content of legal categories important for this legal institution (arbitration agreement, arbitration award, etc.); doctrinal sources, legal acts governing international commercial arbitration and other ways of solving of commercial disputes. To be able to evaluate and determine the role and tasks of a lawyer who submits a dispute to international commercial arbitration or solves the case as arbitrator$ to assess and determine the role and tasks of sub-institutes of international commercial arbitration, to distinguish and give a legal description to certain types of them. To have basic skills in determining effective methods for solving commercial disputes, drafting an arbitration agreement, taking into account a particular situation.

The forms of teaching and methods of teaching of this discipline are aimed at conducting a legal analysis of commercial disputes encountered in practice, the study of theoretical and practical issues arising in international commercial arbitration. The discipline reveals a general characteristic of types of commercial dispute resolution; the notion and legal nature of international commercial arbitration; characteristics of arbitration agreements, arbitration proceedings, requirements to arbitration awards, recognition and enforcement of foreign arbitration awards. The course of study discipline involves in-depth study of international uniform documents, current legislation of Ukraine, of other states, doctrine, basic concepts and special terminology for commercial dispute resolution in general and by international commercial arbitration in particular.

1. Ashford P. Handbook on International Commercial Arbitration, JurisNet, LLC; Second Edition edition, 2014. 2. Balthasar S. International Commercial Arbitration: A Handbook, Beck/Hart, 2016. 3. Guidelines for Drafting International Arbitration Clauses (2010) https://www.ibanet.org/Publications/publications_IBA_guides_and_free_materials.aspx. 4. Sherina Petit and Marion Edge The governing law of the arbitration agreementQ&A http://www.nortonrosefulbright.com/files/the-governing-law-of-the-arbitration-agreement-qa-115916.pdf. 5. LOUIS FLANNERY. THE LAW APPLICABLE TO THE ARBITRATION AGREEMENT PAPER FOR INTERNATIONAL ARBITRATION CONFERENCE DUBLIN, 18 NOVEMBER 2016 http://www.arbitrationconference.com/download/file/301/. 6.Waring Michael. Commercial Dispute Resolution. London: College of Law Publishing, 2021. 300 p.

Lecture, seminar, student’s independent work

Report (presentation on a given topic) – from 5 to 8 points; Participation in the discussion – from 5 to 8 points; Case study – from 5 to 8 points; Drafting a document – from 5 to 8 points; Quick survey – from 4 to 8 points. The following matters should be evaluated: level of knowledge, demonstrated by a student in the reply, activism in the discussion of questions of a seminar, systematic nature of work during session, results of home assignments. In case of absence of a student during a seminar due to a reasonable cause he/she can retake the missed class in the extracurricular hours (time of professor’s consultations), by oral questionnaire, test, preparation of an academic speech. A student who has not reached the minimum threshold level of a grade (24 points) of the study results can be unadmitted to the final form of control. As a result of the final form of control (credit) the student may receive up to 60 points

English