Internat Commerc. Dispute Settlement Law

Faculteit Rechtsgeleerdheid
Jaar 2019/20
Vakcode RGMPR50306
Vaknaam Internat Commerc. Dispute Settlement Law
Niveau(s) master, uitwisseling
Voertaal Engels
Periode semester I b (Blok 2)
ECTS 6
Rooster rooster.rug.nl

Uitgebreide vaknaam International Commercial Dispute Settlement Law
Leerdoelen This course will consider various methods to resolve disputes arising out of international (commercial) transactions, with a focus on international (commercial) arbitration. It deals with questions as: Court litigation vs. Alternative Dispute Resolution; Different types of ADR; Why arbitrate?; Pathological arbitration clauses; Arbitration agreements; Jurisdiction and applicable law; ECHR / ICCPR; Investment Arbitration; Role of institutional bodies; Challenge of arbitral awards; Recognition and enforcements of arbitral awards. Students will become acquainted with practical problems in the field of international commercial arbitration through active participation and discussions during the lectures. The course aims to offer more in-depth knowledge of various aspects of international commercial arbitration. Students need to write a paper at the end of the course.

After having finished this course, students are able to quickly get to the core of arbitration law-problems in cross-border cases, to find solutions for these problems through selecting relevant rules of law and to make the legal assessments necessary. Furthermore, students have gained knowledge of international economic law and international trade law and their interrelation.
Omschrijving This course will consider various methods to resolve disputes arising out of international (commercial) transactions, with a focus on international (commercial) arbitration. During this course, students will become acquainted with practical problems relating to alternative dispute resolution and more in particular in the field of international arbitration. This course aims to offer more in-depth knowledge of various forms of alternative dispute resolution, including international commercial arbitration, through active participation and discussions during the lectures. After having finished this course, students are able to quickly get to the core of arbitration law-problems in cross-border cases, to find solutions for these problems through selecting relevant rules of law and to make the legal assessments necessary. Furthermore, students have gained a general knowledge of the various other forms of alternative dispute resolution.
The first part of the course will be devoted to the following topics: introduction on international dispute settlement, including advantages and disadvantages of different forms of dispute settlement, types and forms of arbitration and the procedural framework (sources of arbitration). Thereafter the course will be devoted to the issues of arbitrability, public policy, validity of arbitration agreement, drafting of arbitration agreements and the applicable procedural and substantive laws. Subsequently, the course will focus on the issues relating to the establishment of the tribunal, secretary to the tribunal, powers and duties of arbitrators and arbitral proceedings. The final part of the course will be devoted to recognition enforceability of arbitral awards. During the course the lectures will refer to different arbitration rules, arbitration laws, relevant international treaties and case law.
Important to know:
There will be one compulsory lecture for all students!
In the beginning of the course a case with 12 questions will be published on Nestor. Students will have to form groups of 4-6 students (group enroll on the student portal course page). Each group must answer one question. The answer must be between 1000-2000 words, including footnotes, and each group should submit their answer through email within a given deadline. Each group must subsequently present their answer during the compulsory lecture (week 5). Questions may be asked by other students and/or the lecturer. The students will be graded. The grade forms 1/10th of the final grade for this course. Another deadline will be given for the end paper. Students are completely free to choose their topic for the end paper, as long as it falls within the scope of this course. The grade for the end paper forms 9/10th of the final grade for this course.
Students who do not attend the compulsory lecture cannot pass this course.
Uren per week 4
Onderwijsvorm hoorcollege
(14 2-hour lectures (during the block))
Toetsvorm paper
Vaksoort m5-niveau, juridisch
Coördinator prof. mr. dr. N. Peters
Docent(en) prof. mr. dr. N. Peters
Verplichte literatuur
Titel Auteur ISBN Prijs
The fundamentals of international commercial arbitration, Maklu, latest edition Niek Peters 978-90-4660-911-8
Entreevoorwaarden
  • This course is only accessible for students that have been fully admitted to a master's degree programme within the Faculty of Law.
  • This course is not open to non-law exchange students.
Opmerkingen
Opgenomen in
Opleiding Jaar Periode Type
* LLM International Business Law 1 semester I b compulsory
Exchange programme 1 semester I b optional
LLM International Commercial Law 1 semester I b compulsory
Open Colleges 1 semester I b keuze