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Studiegids

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International Litigation and Arbitration Proceedings

Vak
2019-2020

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. 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.

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

Please note this description is subject to changes.