Browse Hierarchy SOLM044: International Arbitration Law and Practice: Applicable Laws and Procedures

"The aim of this course is to establish students' knowledge and critical understanding as well as provide an insight into the practice of international commercial arbitration as an independent comparative law subject. The subject is first examined generically, without any reference to any national laws, arbitration rules or international instruments; and then various national and institutional approaches are presented. The focus is on selected issues of applicable law(s) and procedures. In particular, in the first section the classes will explore the role of arbitral institutions as regulators of arbitration and classes will also discuss issues of legitimacy and how concerns users may have can be best addressed. In the second section of the course the focus will shift to applicable law issues. In particular, classes will discuss how applicable laws are being determined (and by whom) before looking at specific applicable substantive laws and rules as well as the role of lex mercatoria and transnational commercial rules. There will also be specific discussion of the impact of mandatory rules or law as an issue of methodology and practice. In the third section of the courses the classes will discuss they key (f)actor of arbitration: the arbitration tribunal. In particular, classes will cover the selections, status, rights and duties of arbitrators, how arbitrators are being appointed and the main duties of independence and impartiality. In this context the classes will also address liability and/or immunity of arbitrators. In the penultimate and longer section the classes will explore issues of procedure and evidence in international arbitration, ranging from the law governing the procedure (`lex arbitri¿), the classification of procedural issues, the organisation and management of procedure. Then the classes will look at provisional and interim measure as well as emergency arbitration and will also cover multi-party, multi-contract and multi-action arbitration. Issues of evidence, such as evidentiary means (witnesses, documents and document production, experts) and regulation of evidence will also receive specific attention. Finally, we will discuss efficiency as a driver of arbitration micro-regulation. Depending on the class size we may also endeavour a simulation of an arbitration process."