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International Dispute Resolution

Vak 2013-2014

Admission requirements

No formal admission requirements apply. However, the knowledge gained and the achievement levels of the course Civil Procedure (Burgerlijk Procesrecht) are necessary in order to be able to successfully complete the course International Dispute Resolution.

Description

International business lawyers inevitably deal with international disputes. In most international commercial contracts, disputes are referred to arbitration. Disputes resulting from other contracts and from non-contractual matters are often subjected to the jurisdiction of state courts. A number of complications may arise in the context of cross border litigation and arbitration. International lawyers have to deal with these complications and should anticipate or at least manage them.

Course objectives

Objectives of the course
The principal objectives for students in this course are:

  • to understand the basic theoretical and practical aspects of international dispute resolution;
  • to gain a clear understanding of the legislation, model laws, guidelines and (other) soft law on international dispute resolution including arbitral awards and judicial decisions dealing with this matter;
  • to recognise specific roles and tasks of the main players in a given international dispute including the roles and tasks of arbitrators and judges, lawyers and other representatives of the parties; and
  • to deal with cases and solve problems in the field of international procedural law.

Achievement levels

By the end of the course you should be able:

  • to explain the main differences between litigation and arbitration;
  • to distinguish and apply, the Rome I, Rome II, Brussels I Regulations and the Lugano II Convention;
  • to explain and apply the New York Convention on the enforcement of arbitral awards;
  • to describe generally the concept of investment arbitration;
  • to analyse basic cases involving an international commercial dispute so as to choose the most suitable dispute resolution mechanism and venue for that case;
  • to understand and be able to choose the available dispute resolution mechanisms for tactical purposes;
  • to provide clear and concise written advice on dispute resolution in international commercial disputes.

Timetable

The timetable of this course can be found in uSis.

Mode of instruction

Seminars

  • Number of (2 hour) seminars: 2 per week (i.e. 10 seminars in total)
  • Names of instructors: prof. mr. H.J. Snijders, mr. M.C. van Leyenhorst and mw mr. A.F. Collignon.
  • Required preparation by students: reading literature, case-law

Assessment method

Examination form(s)
Written exam (80%) plus one written assignment per student (20%)

Submission procedures
To be announced in course book and/or on Blackboard.

Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) for the course, the course information guide and the subjects taught in the lectures, the seminars and all other instructions which are part of the course.

Blackboard

More information on this course is offered in Blackboard.

Reading list

Obligatory course materials

Literature:

  • Redfern & Hunter on International Arbitration (student version), 2009
  • Other literature will be published on Blackboard.

Course information guide:
The course information guide will be published on Blackboard.

Reader:
The Reader, if any, will be published on Blackboard.

Recommended course materials
Recommended course materials will be published on Blackboard.

Registration

Students have to register for courses and exams through uSis.

Contact information

Institution/division

  • Institute: Privaatrecht
  • Department: Civil Procedural Law
  • Room number secretary: C202
  • Opening hours: 9.00 – 13.30
  • Telephone number secretary: 071 527 7400
  • Email: burgerlijkprocesrecht@law.leidenuniv.nl

Contractonderwijs

Belangstellenden die deze cursus in het kader van contractonderwijs willen volgen (met tentamen), kunnen meer informatie vinden over kosten, inschrijving, voorwaarden, etc. op de website van Juridisch PAO.