Бакалавриат
2026/2027
Стратегии разрешения международных споров
Статус:
Курс по выбору (Юриспруденция)
Кто читает:
Департамент международного права
Где читается:
Факультет права
Когда читается:
5-й курс, 1 модуль
Охват аудитории:
для своего кампуса
Язык:
английский
Кредиты:
3
Контактные часы:
36
Course Syllabus
Abstract
This Elective course is focused on developing strategic thinking and practical skills in international commercial litigation and arbitration. The course is designed to prepare students to advise and represent clients in complex cross-border disputes involving multiple jurisdictions and parties.
Through lectures and seminars, the course examines key strategic aspects of international dispute resolution, including forum selection, remedies, appointment of arbitrators, procedural structuring of arbitration, evidence strategy, negotiation dynamics, enforcement and challenge of judgments and arbitral awards. Students will also analyse argumentation techniques and sharpen their persuasion skills, combining formal logic, rhetoric, and legal writing.
Learning Objectives
- The main purpose of the Elective course is to cultivate students’ ability to assess dispute resolution options strategically, design procedural frameworks tailored to specific disputes, and understand how legal, procedural, and commercial considerations interact in international dispute settlement.
Expected Learning Outcomes
- Students must gain knowledge on legal framework and key concepts of international commercial arbitration; current issues of international commercial arbitration; procedural stages of arbitration proceedings, from commencement to enforcement of awards;
- Students must gain knowledge on strategic considerations behind the selection of remedies, arbitrators, witnesses, and experts; the design of procedural frameworks (including Procedural Order No. 1 and procedural timetables); the use of procedural tools such as interim measures and document production requests; and the selection of jurisdictions for the enforcement of arbitral awards.
- Skills, abilities, competences: ability to assess dispute resolution mechanisms and develop procedural strategies tailored to specific disputes; ability to draft clear and persuasive procedural documents; ability to work effectively with experts, witnesses, co-counsel, and other members of the legal team; ability to understand how legal, procedural, and commercial considerations interact in international dispute settlement.
Course Contents
- Topic 1. Choosing between state courts and arbitration
- Topic 2. Appointment and challenges of arbitrators
- Topic 3. Parties to the arbitration agreement. Remedies in international disputes
- Topic 4. Designing Procedural Order No. 1 and the procedural timetable
- Topic 5. Strategy in witness and expert testimonies
- Topic 6. Exerting pressure on the procedural opponents
- Topic 7. Strategy of enforcement and setting aside. Settlement and negotiations
- Topic 8. Argumentation and legal writing
Assessment Elements
- Classroom-based workAttendance (classroom-based work): participants will be evaluated based on their participation in discussions and familiarity with the reading materials. For each class, students will receive in advance a list of required and recommended readings, together with selected extracts from those materials. They will also be provided with discussion questions and, where appropriate, research or drafting assignments to be completed in preparation for classes. Each session will typically begin with a short introductory lecture, followed by a discussion of the assigned materials and case studies. Emphasis will be placed on application of legal principles to real dispute-resolution scenarios. The course will employ the following teaching methods: ─ Socratic method; ─ Case studies and practical simulations; ─ Group work; ─ Extensive independent reading.
- Written home-take assignmentWritten home-take assignment: participants will be required to submit one written assignment. Examples may include drafting a short procedural document, such as a communication to the opposing counsel or an application to the arbitral tribunal (e.g. application for the challenge of an arbitrator)
- ExamExam: open-book with no access to the internet or AI tools. The exam will consist of two parts: (1) a case scenario with open-ended questions, and (2) an essay-type question. The mark for the exam is a blocking one.
Interim Assessment
- 2026/2027 1st module0.4 * Exam + 0.3 * Classroom-based work + 0.3 * Written home-take assignment
Bibliography
Recommended Core Bibliography
- A guide to the UNCITRAL Model Law on International Commercial Arbitration : legislative history and commentary, Holtzmann, H. M., 1994
- An introduction to international arbitration, Bantekas, I., 2015
Recommended Additional Bibliography
- Comparative international commercial arbitration, Lew, J. D. M., 2003
- International arbitration and forum selection agreements : drafting and enforcing, Born, G. B., 2013