International Arbitration
Many international business disputes are submitted to arbitration. The course familiarises students with the role and function of international arbitration, including i) the selection of arbitrators, ii) the conduct of arbitration proceedings, iii) the organization of hearings, iv) and enforcement of arbitral awards.
Co-ordinator
Europa Institute Steenschuur 25 2311 ES Leiden Phone: 071-527 7760 Website: www.europainstituut.nl Sheena Bruce, s.bruce@law.leidenuniv.nl Phone: +31 (0)71 527 7821
Lecturer(s):
Mr. Brooks W. Daly
Course Objectives:
The primary objective of this course is to familiarize students with international arbitration. This is done through discussions on when and why arbitration is an appropriate method of dispute resolution, on the selection of an appropriate arbitration regime, and on how to draft an effective arbitration clause. Another objective of this course is to discuss arbitral procedure including, but not limited to, the method by which arbitrators are appointed, interim measures, witness testimony, and the use of experts.
Achievement levels:
The following achievement levels apply with regard to the course:
Knowledge and comprehension:
Understanding the differences between arbitration and other methods of dispute resolution
Studying the basic requirements for an effective arbitration clause and identifying categories of disputes which cannot be arbitrated
Analysing common procedural questions which arise in arbitral proceedings
Acquiring knowledge about the methods of enforcing awards and oversight over the arbitral process
Application:Gaining insight into common problems with arbitration clauses and how these can be avoided. Students have an opportunity to apply these skills in an unmarked class assignment on drafting an arbitration clause
Using the knowledge and experience gained in the course in studying the issues raised by the mock arbitration
Using the knowledge and experience gained in the course to respond to essay questions on the final examination
Analysis:Students are able to analyse the effectiveness of arbitral clauses, develop arguments on points of arbitral procedure, and comment on the method by which awards can be enforced
Presentation:Students are able to discuss their views in the interactive lectures on the prescribed readings
Students are able to present their legal analysis and findings on a specific factual matrix in the mock arbitration
Mode of Instruction:
Students are expected to attend 12 interactive lectures during the course of 6 weeks. Two lectures near the end of the course will allow students to demonstrate their knowledge by taking part in a mock arbitration hearing at the Peace Palace in The Hague.
Attendance of the scheduled course lectures is mandatory. No grade will be awarded to a student who has been absent without being excused by the lecturer.
Students must complete the assigned reading prior to the lecture. Students will be regularly called upon during the lecture to answer questions. Insofar as the course lectures are wholly or partly conducted through videoconference, the students are expected to have functional microphones and cameras.
The course outline and selected reading materials not accessible on the Internet or through the library of Leiden University will be made available on Brightspace.
Reading List:
1) Alan Redfern & Martin Hunter, with Nigel Blackaby & Constantine Partasides QC, Redfern and Hunter on International Arbitration Student Version (Sweet & Maxwell, 6th ed., 2015).
2) Selected reading materials and reference materials other than Redfern & Hunter will be made available on Brightspace.
Assessment Method(s):
10% Course participation. Students may be asked to (i) play a role in the mock arbitration through an oral presentation and/or (ii) complete a written assignment.
90% Three hour open-book final examination.
If the student receives less than a 6.0 overall, the student must retake an open-book exam which will replace both the grade of the exam and the participation grade.
The students may be assessed on the required reading, the lectures, and the lecture slides.
Application
- Sheena Bruce, s.bruce@law.leidenuniv.nl – Phone: +31 (0)71 527 7821
**Disclaimer: This course has been updated to the best of our knowledge at the current time of publishing. Due to the Covid-19 pandemic and the fluctuating changes in lock down regulations all information contained within this course description are subject to change up to 1 September 2020.
Due to the uncertainty of the Covid-19 virus after 1 September 2020, changes to the course description can only be made in the event of strict necessity and only in the circumstances where the interests of the students are not impinged. Should there be a need for any change during the duration of the course, this will be informed to all students on a timely basis and will not be to the prejudice of students. Modifications after 1 September 2020 may only be done with the approval and consent of the Faculty Board.