Course Description:
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:
Objectives of the course:
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.
The course outline and selected reading materials will be made available on Blackboard.
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 Blackboard.
Assessment Method(s):
10% Course participation. Students may choose to either (i) play a role in the mock arbitration through an oral presentation or (ii) complete a written assignment
90% Three hour open-book final examination.
Application
- Sheena Bruce, s.bruce@law.leidenuniv.nl – Phone: +31 (0)71 527 7821
Disclaimer:
Currently these pages are being updated to reflect the courses for 2019 - 2020. Until these pages are fixed as per 1 September no rights can be claimed from the information which is currently contained within.