Effective resolution of international commercial disputes
Course: “Law”
Structural unit: Educational and Scientific Institute of Law
Title
Effective resolution of international commercial disputes
Code
ВБ.01.11.28
Module type
Вибіркова дисципліна для ОП
Educational cycle
Second
Year of study when the component is delivered
2022/2023
Semester/trimester when the component is delivered
2 Semester
Number of ECTS credits allocated
3
Learning outcomes
Know and understand modern scientific provisions on the features of effective resolution of practical cases (case studies) in the field of international commercial arbitration; resolution of practical cases on representation of the interests of potential clients in the field of international commercial arbitration; organization of the work of the Arbitration Panel on the consideration of the case; organization of cooperation between arbitrators and parties; be able to use modern legal doctrines and principles in lawmaking in the process of applying public and private law institutions; justify and motivate legal decisions, provide detailed legal reasoning; apply mediation and other legal instruments of alternative out-of-court consideration and resolution of legal disputes; make decisions in situations that require a systematic, logical and functional interpretation of legal norms, etc.
Form of study
Full-time form
Prerequisites and co-requisites
Know the main methods of effective resolution of international commercial disputes, the main principles of organization and functioning of international commercial arbitration; the system of sources of regulation of the ICA; the principles and main institutions of arbitration proceedings; the legal mechanism for challenging and enforcing international arbitration awards; be able to analyze and draw legal conclusions in various areas of international commercial arbitration; possess basic skills: working with arbitration practice; drafting arbitration agreements; drafting 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.
Course content
The main methods of effective resolution of international commercial disputes. General characteristics of the legal principles of international commercial arbitration. Arbitration agreement. Competence of international commercial arbitration. Composition of the arbitration. Procedure for considering a dispute in international commercial arbitration (arbitration process). Legal nature of an arbitration award. Control over an arbitration award. Recognition and enforcement of an arbitration award. Legal regulation of international commercial arbitration in foreign countries. Arbitration proceedings under the regulations of the main world arbitration centers.
Recommended or required reading and other learning resources/tools
1. Law of Ukraine “On International Commercial Arbitration” dated 03/24/94//Vidomosti Verkhovnoi Rada of Ukraine. – 1994. - No. 25. – Art. 198.
2. Civil Procedure Code of Ukraine as amended by Law of Ukraine No. 2147-VIII dated 10/03/2017.
3. Alternative Dispute Resolution: Textbook/ed. by Yu.D. Prytyka. [Collection of authors Prytyka Yu.D., Khannyk-Pospolitak R.Yu. Kravtsov S.O., Khomenko M.M. and others]. – Kyiv: Publishing House “Dakor”, 2021. – 436 p.
4. Prytyka Y.D. Problems of protection of civil rights and interests in the arbitration court: Monograph. – Kyiv: Publishing House “In Yure”, 2006. – 636p.
5. Tsirat G.A. International commercial arbitration: textbook/ G.A. Tsirat. Kyiv: Alerta, 2019. 410p.
Planned learning activities and teaching methods
verbal: explanation, discussion, lecture, solving practical cases and cases of judicial practice
visual: illustration, demonstration, independent observation
practical: analysis of current judicial practice, practical tasks, solving problems
Assessment methods and criteria
The maximum final grade for this discipline can be 100 points. A student can receive a maximum of 60 points on the semester control form (exam, test), to which are added the points received by the student during seminar classes. To receive an overall positive grade for the discipline, the grade for the final work cannot be less than 36 points. In the event that a student scores less than 36 points on the semester control form (exam, test), the latter are not added to the semester grade (regardless of the number of points received during the semester), and the information in the "exam points" column is marked "0", respectively, only the number of points received during the semester is transferred to the "resulting grade" column. If during the semester the sum of points received by a student based on the results of current control is more than 40 points, only 40 points are actually counted.
Language of instruction
Ukrainian
Lecturers
This discipline is taught by the following teachers
Yurii
Prytyka
Сivil Procedure Department
Educational and Scientific Institute of Law
Educational and Scientific Institute of Law
Departments
The following departments are involved in teaching the above discipline
Сivil Procedure Department
Educational and Scientific Institute of Law