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International Litigation and Arbitration Proceedings

Vak
2022-2023

*Course is taught in the 1st semester. *

Objectives
Any lawyer working in the field of dispute settlement should have knowledge of the procedural questions that arise, both in advising on the competence of courts and tribunals, and in tackling procedural questions during the proceedings. The objective of this course is to provide such knowledge on an introductory level, but with specific and in-depth focus on the general and common procedural principles.

Description
This course will introduce the procedural aspects of international dispute settlement. Since the procedures in the different dispute settlement mechanisms available to parties to a dispute are conducted in a similar fashion and comprise common procedural stages, such as jurisdiction, provisional measures, merits, and raise equally similar issues such as evidence and enforcement, this course will provide students with the main procedural aspects of such procedures throughout the different fields. Document production/disclosure procedures also will be touched upon.

Assessment
The course will be assessed 40% based on a written assignment and 60% on a final take-home exam.

Course Topics

  • Introduction & The Existence of a Dispute

  • The International Court of Justice: Standing before the Court & Consent to Jurisdiction

  • The International Court of Justice 2: Consent Jurisdiction (ii) and Admissibility

  • Investment Treaty Arbitration: Jurisdiction & Admissibility

  • UN Convention on the Law of the Sea: Jurisdiction & Admissibility

  • WTO: Jurisdiction & Admissibility and Cross-cutting themes

  • Provisional Measures

  • Evidence and Document Production

  • Challenge of Decisions

  • Interpretation and revision

  • Enforcement

  • State Immunity

*Disclaimer: Currently these pages are being updated to reflect the courses for 2022 - 2023. Until these pages are fixed as per 1 September 2022 no rights can be claimed from the information which is currently contained within.
Should there be any future changes of the Covid 19 virus which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2022 may only be done with the approval and consent of the Faculty Board and Programme Director.