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Бакалавриат 2021/2022

Международный арбитраж

Статус: Курс по выбору (Юриспруденция: частное право)
Направление: 40.03.01. Юриспруденция
Когда читается: 4-й курс, 1, 2 модуль
Формат изучения: с онлайн-курсом
Охват аудитории: для своего кампуса
Преподаватели: Гальперин Михаил Львович, Косцов Владимир Николаевич, Мазетова Елена Анатольевна
Язык: английский
Кредиты: 6

Course Syllabus

Abstract

The course on International Arbitration is focused on study of the key institutes and concepts of international commercial arbitration as private mechanism for resolving international commercial disputes, alternative to the state court litigation, and also covers selected aspects of international investment arbitration and inter-state arbitration. The course is focused on the analysis of the most vital cases in the field of international arbitration and assumes active discussions of the case law by students. As a result, students get in-depth understanding of the basic principles of international arbitration, such Kompetenz-Kompetenz, autonomy of the arbitration agreement, arbitrability, impartiality and independence of arbitrators, etc., as well as develop their public speaking skills. Furthermore, during the course students are expected to prepare and submit several writing assignments involving critical evaluation and analysis of the discussed topics, as well as take part in a moot court, where students are suggested to prepare and present legal positions on the arbitration-related problem, which based on real cases considered by the state courts or arbitral tribunals. The course is conducted in English and will be useful for foreign and Russian students seeking to deepen their knowledge on international commercial arbitration and operation of the global dispute resolution system. The course also includes on-line part, which assumes completion of the course “International Law in Action: the arbitration of international disputes” (Universiteit Leiden) available at https://www.coursera.org/learn/arbitration-international-disputes
Learning Objectives

Learning Objectives

  • The main purpose of the course is to make students able to deal with the most typical cases considered by the arbitral tribunals worldwide, to make research, prepare and represent legal argumentation based on the critical analysis of legal concepts. This course also serves as a platform for preparation of students eager to participate in international commercial arbitration moot courts, mainly Willem С. Vis International Commercial Arbitration Moot.
Expected Learning Outcomes

Expected Learning Outcomes

  • Ability to search, analyze, and work with legally relevant information by using the juridical, comparative and other specific methods, Ability to describe legal problems and situations occurring in professional sphere.
  • Ability to work in international legal environment, apply international arbitration law in day-to-day legal activity; Ability to identify legal issues and develop most effective and accurate legal solutions for such issues, develop problem-oriented and client-oriented approaches;
  • Key peculiarities of international arbitration procedure, including commencement of arbitration, selection and appointment of arbitrators, taking evidence in arbitration, nature of arbitral award, it’s recognition and enforcement. Application of the key concepts of international arbitration; Practical skills of legal research and analysis of case law and legal doctrine;
  • Overall understanding of the nature of international arbitration as a dispute settlement mechanism; Regulatory framework of international arbitration, including local, foreign and international regulation; Essential characteristics of international arbitration, including issues related to interconnection between arbitration and national state courts;
  • Practical skills of development and presentation of legal position in English; Legal drafting skills, including in part related to drafting of arbitration agreements, legal opinions and procedural documents;
  • Practical skills required for participation in moot court competitions. Ability to work with information (search, evaluate, use information from various sources, including application of the systematic approach, necessary to fulfil scientific and professional tasks);
Course Contents

Course Contents

  • Introduction to International Arbitration
  • Essence and Principles of International Commercial Arbitration
  • Institutional and Ad Hoc Arbitration
  • Arbitration Agreement
  • Applicable Law in International Commercial Arbitration: General Overview
  • On-line part: the course on “International Law in Action: the arbitration of international disputes” (Universiteit Leiden) available at https://www.coursera.org/learn/arbitration-international-disputes
Assessment Elements

Assessment Elements

  • non-blocking Active participation in seminars. Online.
  • non-blocking Intermediate test (case study). Online.
    written 45-minute in-class test consists of one or two open questions covering topics described in syllabus or written analysis of case / problem suggested by the course instructor
  • non-blocking Moot court. Online.
    Students participate in a moot court by preparing written position on behalf of one of the parties of the dispute, experts or judges (arbitrators), as well as by oral presentation of the prepared position during the class.
  • non-blocking Examination (written). Online.
    written 60-minute in-class exam consists of one or two open questions covering topics described in syllabus and written analysis of case / problem suggested by the course instructor
Interim Assessment

Interim Assessment

  • 2021/2022 2nd module
    0.25 * Moot court. Online. + 0.25 * Active participation in seminars. Online. + 0.25 * Examination (written). Online. + 0.25 * Intermediate test (case study). Online.
Bibliography

Bibliography

Recommended Core Bibliography

  • Comparative international commercial arbitration, Lew, J. D. M., 2003

Recommended Additional Bibliography

  • International arbitration : cases and materials, Born, G. B., 2015
  • United Nations Commission on International Trade Law. (2012). UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration. United Nations Publications.