International Commercial Dispute Settlement Law (6 ECTS)

Lecturer(s): Prof. Prof. N. Peters (coordinator)

When: Block 2

Brief course description:
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 Brightspace. 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.

Teaching method: Lectures. There will be one compulsory lecture for all students!
Students who do not attend the compulsory lecture cannot pass this course.

Assessment: Written paper

*Official course information and schedules during the academic year can be found in Ocasys.