Infopaket

Effective resolution of international commercial disputes

ВБ.01.11.28

Вибіркова дисципліна для ОП

Second

2023/2024

1 Semester

3

To know and master the theoretical knowledge of: the concept of effective resolution of international commercial disputes; The concept of international commercial arbitration; ICA sources; arbitration agreement; ICA competence; the procedure for resolving disputes in the ICA; challenging and enforcing arbitral awards. Be able to: summarize and systematize the main provisions and judicial and arbitration practice; draw up an arbitration agreement and determine the arbitrability of the dispute; analyze the decision of the ICA, make a statement to cancel the decision; make an application for recognition and granting permission to implement the decision of the ICA Gain basic communication skills: in resolving practical cases in the field of international commercial arbitration (procedural aspects, choice of applicable law); to resolve practical cases on the representation of potential clients in the field of ICA; organization of the work of the Arbitration Board to consider the case.

Full-time form

To know the basic ways to effectively resolve international commercial disputes, the main principles of organization and functioning of international commercial arbitration; ICA regulation sources system; principles and basic institutes of arbitration; legal mechanism for challenging and enforcing international arbitration awards. Be able to analyze and draw legal conclusions from various areas of international commercial arbitration. Have basic skills: work with arbitration practice; drawing up arbitration agreements; preparation of procedural documents in international commercial arbitration; application of the provisions of arbitration law, international agreements and non-binding international acts; determine the limits of arbitrability of disputes.

Content module 1. General provisions on ways to resolve international commercial disputes. . The main ways to effectively resolve international commercial disputes. General characteristics of the legal framework for international commercial arbitration. Arbitration agreement. Competence and arbitrability in the ICA. Composition of the arbitral tribunal. Content module 2. Procedure for resolving disputes by international commercial arbitration. Control over international commercial arbitration. Procedure for consideration of a dispute in international commercial arbitration (arbitration process). Legal nature of the arbitral award, control of the arbitral award. Recognition and enforcement of the arbitral award. Legal regulation of international commercial arbitration in foreign countries. Arbitration procedures according to the regulations of the main world arbitration centers.

Alternative dispute resolution: textbook / general ed. Yu.D. Prytyka. [Col. authors Prytyka Yu.D., Khannyk-Pospolitak R.Yu. Kravtsov S.O., Khomenko M.M. etc.]. - Kyiv: PH "Dakor", 2021. 436p Kravtsov S.O. International commercial arbitration and national courts: monograph/S.O. Kravtsov; Yaroslav Mudryi National Law University. Kharkiv: Pravo, 2014. 230 p Malsky M.M. Arbitration agreement: theoretical and practical aspects: Monograph - Lviv: Litopys, 2013. 374 p Nagnibida V.I. The mechanism of law enforcement in resolving disputes in international commercial arbitration. K., 2020.492p Prytyka Yu.D. International commercial arbitration: Questions of theory and practice [Text]: monograph. Prytyka Yu.D. - К: In Yure, 2005. 516 с Pilkov K.N. Evidence and proof in international commercial arbitration/Pilkov K.N.//Scientific and practical manual - Kiev: Education of Ukraine, 2016. - 20 + 610p Tsirat G.A. International Commercial Arbitration: textbook/G.A. Tirate. K: Alerta, 2019. 410p

Lecture, seminar, solving practical cases, performing tasks of self-study work

Forms of student assessment: - semester forms of assessment: 1. express survey - from 1 to 4 points; 2. reports and scientific works - from 6 to 7 points; 3. testing (from the set of judgments to choose the right ones) - from 6 to 7 points; 4. preparation of practical procedural documents from 5 to 7 points; 5. solving practical problems (legal cases) from 5 to 7 points; 6. two module control works - up to 10 points for each (total: up to 20 points); The maximum score that can be obtained by a student at the end of the semester is 40 points. The minimum score to be obtained by a student on the appropriate forms of assessment is 24 points. - final assessment: a credit taken in writing.

Ukrainian