Infopaket

International Commercial Arbitration

ДВС.1.04

Вибіркова дисципліна для ОП

Second

2023/2024

1 Semester

3

Know the historical stages of development and formation of international commercial arbitration Know the different approaches to determining the nature of international commercial arbitration Know the order of arbitration proceedings, appeals procedure of the arbitral award, recognition and enforcement of foreign arbitral awards Be able to evaluate complex problems, concepts and theories in international transnational commercial arbitration law and devise solutions appropriate to the specific context Be able to research and write on the practice or theory of transnational commercial arbitration law including in-depth legal research on an aspect of this field Be able to protect client’s interests in international commercial arbitration Communicate legal, policy and theoretical perspectives on transnational commercial arbitration law issues effectively, especially in writing

1. Know the basics of Law of International Disputes Settlement, Public International Law (basics of theory; branches and institutions), Comparative Civil Law 2. Be able to analyse and establish the content of the rights and obligations of subjects of international law in accordance with the provisions of international treaties 3. Have basic skills of legal analysis and synthesis, critical thinking, elaboration of a large array of legal material with one’s own conclusions and suggestions

Topic 1. The concept of commercial dispute resolution by arbitration court. International commercial arbitration as a way of resolving disputes arising in the field of international commercial relations. Topic 2. International commercial arbitration agreements. Legal framework for international arbitration agreement. Topic 3. Competence-competence in international arbitration. Choice of law governing international arbitration agreements. Formation and validity of international arbitration agreements. Topic 4. International arbitral proceedings: legal framework. Selection and importance of arbitral seat. Topic 5. International arbitration procedures. Topic 6. International arbitral awards: legal framework. Formal requirements, time limits and relief. Correction, interpretation and supplementation of international arbitral awards. Topic 7. Annulment of international arbitral awards. Recognition and enforcement of international arbitral awards.

Margaret L. Moses. The Principles and Practice of International Commercial Arbitration. Cambridge University Press, 2017. 3rd ed. 411 p. Sеrvаіs J.-M. Іntеrnаtіоnаl Lаbоur Lаw: Іntеrnаtіоnаl Lаbоur Stаndаrds. 3rd еd. Thе Hаguе: Kluwеr Lаw Іntеrnаtіоnаl, 2011. 376 р. 2. Ferrari F., Rosenfeld F. International Commercial Arbitration : A Comparative Introduction. Principles of Commercial Law Series. Cheltenham, 2021. 3. Sigvard J., Nguyen C. Compendium of International Commercial Arbitration Forms : Letters, Procedural Instructions, Briefs and Other Documents. Alphen Aan Den Rijn, The Netherlands, 2017. 4. Born, Gary. International Arbitration : Law and Practice. Alphen Aan Den Rijn, The Netherlands, 2016. 505 p. 5. Weigand, Frank-Bernd, and Antje Baumann. Practitioner's Handbook on International Commercial Arbitration. Third ed. Oxford, 2019. 1910 p.

Lectures, seminars, individual work, module control work, credit

Evaluation is carried out according to the modular rating system. Current control: oral answers (up to 21 points), module control works (up to 30 points), individual work (up to 19 points), Moot Court/Case-Study/Speech contest (up to 30 points). The final score is counted according to the results of the student's work during the semester. When receiving the total number of points from 60 and above, the student gets a credit. Students who got less than 20 points are not allowed to pass a credit. If a student has got less than 60 scores for the results of his or her work during semester, passing the credit in writing is obligatory. If a student has got 60 or more scores for the results of his or her work during the semester, but wants to get more, he or she has a right to pass a credit orally and an opportunity to get more scores. A student will be given 5 questions from the list of questions for credit to pass the credit.

English