The student will gain insight into the instruments that regulate jurisdiction, recognition and enforcement in international court cases. They will also obtain a thorough knowledge and understanding of the process of arbitration. This intensive course covers state jurisdiction as well as arbitration.
The area of the course that focuses on state court jurisdiction will take an international tour around instruments that regulate jurisdiction, recognition and enforcement in international court cases. The most important instrument in Europe is the Brussels I Recast regulation, covering jurisdiction of state courts and the recognition and enforcement of state court judgments. The Hague Convention on the Choice of Forum will be compared with the similar clauses in Brussels I Recast. Also the Unidroit/ALI Principles of Transnational Procedures and the ALI (US) principles on recognition of foreign judgments will be compared with Brussels I Recast. This will provide the participants with an insight in the rationale behind these instruments and at the same time enable them to use those rules in practice. The lectures will briefly touch upon matters relating to evidence (the Evidence regulation and the Hague Evidence Convention; discovery; witness hearings) and service of documents (the Hague Service Convention and the Hague Service Regulation).
The arbitration aspect of the course is intended to provide the students with knowledge and understanding of the process of arbitration. How should an arbitration agreement be drafted, what are the pros and cons of arbitration compared to other forms of dispute resolution, what are the most commonly used international rules and arbitration institutions around the world, what safeguards to the quality of arbitral proceedings are in place and how should they be invoked, and how is an arbitration usually conducted. The relation between arbitration and state court litigation will be explored. Investment arbitration will be dealt with too. As final topic the annulment of arbitral awards and the international recognition and enforcement of arbitral awards will be discussed, whereby the UNCITRAL Model Law and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 will be discussed.
Programme Coordinator LLM (Adv) International Civil and Commercial Law
Office for International Education / Leiden Law School
T: +31 (0)71 527 1228
### COURSE COORDINATOR Mr Max van Leyenhorst E: firstname.lastname@example.org
METHOD OF INSTRUCTION
Lectures, field trip
Written exam (70%) and three written assignments (30%)
Full degree in law granting access to the legal profession (or equivalent).