Admission requirements
No formal admission requirements apply. However, the knowledge gained and the achievement levels of the course Civil Procedure (Burgerlijk Procesrecht) are very useful in order 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. What are the differences between arbitration and state court litigation? Why does it matter whether a dispute is submitted to an arbitral tribunal or to a state court? What are the legal and practical implications of a choice between these dispute resolution mechanisms? What rules apply to international commercial arbitration and what rules apply, in the EU context, to state court litigation? These issues will be dealt with during the course. Moreover, a number of complications that may arise in the context of cross border state court litigation and international commercial arbitration will be addressed. International lawyers have to deal with these complications and should anticipate and be able to manage them. In the first part of the course, international arbitration will be taught. In the second part, international state court litigation will be taught. Particularly during the last week of the course, the interaction between the two mechanisms will be explored and the lessons learned during the first and second parts will be implemented by discussing cases, trying to find the best dispute resolution mechanism for each case. The course is taught in English.
Course objectives
Objectives of the course
By the end of the course you should be able:
to explain the main differences between state court litigation and international commercial arbitration;
to distinguish the relevant scope and purpose of the Brussels Recast Regulation and the Lugano II Convention;
to apply the Brussels Recast Regulation and the Lugano II Convention to IDR-cases (mainly in respect of tort and contract law) in order to establish the competent court or courts;
to understand the scope and relevance of the Rome I and Rome II Regulations in respect of IDR-cases;
to understand the scope and relevance of the Convention of 30 June 2005 on Choice of Court Agreements in respect of IDR-cases;
to explain and apply the New York Convention on the enforcement of arbitral awards, the UNCITRAL Model Law, the UNCITRAL Arbitration Rules and the ICC Arbitration Rules;
to describe generally the concept of investment arbitration;
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;
to analyse 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; and
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: M.C. van Leyenhorst and W.J.L. de Clerck
Required preparation by students: reading literature, case-law
Assessment method
Examination form(s)
Written exam (70%) plus two written assignments per student (together: 30%)
The written assignments cannot be retaken.
The 30% score earned on the written assignments will remain valid for the re-sit.
If a student has not passed the course by the end of the academic year, a partial grade for the written exam or the assignments will no longer be valid.
Regulation retake passed exams
In this course it is possible to retake an exam that has been passed (cf. art. 4.1.8.1 and further of the Course and Examination Regulations), on the condition that this course is included in the compulsory components of the degree programme. Students who have passed the exam may retake the final written assessment (test) of the course. Please contact the Student Administration Office (OIC) for more information.
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:
Nigel Blackaby and Constantine Partasides with Alan Redfern and Martin Hunter, Redfern and Hunter on International Arbitration, 6th edition, September 2015 (student version or full version). Available electronically on www.kluwerarbitration.com (available through Leiden library account).
Trevor Hartley, International Commercial Litigation, Text, Cases and Materials on Private International Law; Cambridge University Press | 2e druk, 2015. Engelstalig | Paperback, 946 blz.
Course information guide:
The course information guide will be published on Blackboard.
Reader:
Not applicable.
Recommended course materials
Recommended course materials will be published on Blackboard.
Registration
Students have to register for courses and exams through uSis.
Exchange students have priority and will be registered for the course first. Any remaining seats will be available for students from Leiden University and other Dutch Universities.
Contact information
Co-ordinator: mr. M.C. van Leyenhorst
Work address: Civil Procedural Law
Contact information:
Telephone number: 071 527 7400
Institution/division
Institute: Institute of Private Law
Department: Civil Procedural Law
Room number secretary: B2.43
Opening hours front desk: 9.00 – 13.30
Telephone number secretary: 071 527 7400
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. Let op dat er wel voldaan moet worden aan de toegangseisen.