• A
  • A
  • A
  • АБB
  • АБB
  • АБB
  • А
  • А
  • А
  • А
  • А
Обычная версия сайта
Бакалавриат 2022/2023

Международный арбитраж

Статус: Курс по выбору (Право)
Направление: 40.03.01. Юриспруденция
Где читается: Факультет права
Когда читается: 4-й курс, 1, 2 модуль
Формат изучения: без онлайн-курса
Охват аудитории: для своего кампуса
Язык: английский
Кредиты: 6
Контактные часы: 42

Course Syllabus

Abstract

The course on International Arbitration is focused on the study of key concepts of international commercial arbitration as a private mechanism for resolving international commercial disputes, alternative to state court litigation, and also covers select aspects of international investor-state 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 the students. As a result, students get an in-depth understanding of the basic principles of international arbitration, such as Kompetenz-Kompetenz, autonomy of the arbitration agreement, arbitrability, impartiality and independence of arbitrators, etc., as well as develop their advocacy 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 expected to prepare and present legal positions on arbitration-related problems based on real cases considered by various 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 of international arbitration and the operation of the global dispute resolution system. Up to 60 students are expected to be selected to the course. To apply, candidates are to submit their CV (resume) and a brief essay (three to five pages) in English on the following topic: "Why I would like to attend the course on International Arbitration." CVs and essays are to be sent to vkoscov@hse.ru in PDF format (please include your first name and last name into the subject line).
Learning Objectives

Learning Objectives

  • The main purpose of the course is to enable students to deal with typical legal issues faced by international arbitral tribunals, as well as to research, develop and present adversarial legal arguments based on a critical analysis of arbitration-related legal concepts. This course also serves as a platform for preparation of students eager to participate in international commercial arbitration moot courts, mainly the Willem С. Vis International Commercial Arbitration Moot.
Expected Learning Outcomes

Expected Learning Outcomes

  • Essential characteristics of international arbitration, including issues related to interconnection between arbitration and national state courts; 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
  • 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 identify legal issues and develop most effective and accurate legal solutions for such issues, develop problem-oriented and client-oriented approaches
  • Overall understanding of the nature of international arbitration as a dispute settlement mechanism; Regulatory framework of international arbitration, including local, foreign and international regulation
  • 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)
  • Ability to work in international legal environment, apply international arbitration law in day-to-day legal activity
  • 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
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
  • Arbitrators and Arbitration Procedure
  • Evidence and Costs
  • Arbitral Award
  • Recognition and Enforcement of Arbitral Awards
  • Investment Arbitration
  • Presentation Skills and Legal Research in Arbitration (Moot-Court)
Assessment Elements

Assessment Elements

  • non-blocking In-class participation (lectures and seminars)
  • non-blocking Intermediate written task (case study)
    The intermediate written task 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
    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 take-home 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

  • 2022/2023 2nd module
    0.25 * Intermediate written task (case study) + 0.25 * In-class participation (lectures and seminars) + 0.25 * Moot court + 0.25 * Examination
Bibliography

Bibliography

Recommended Core Bibliography

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

Recommended Additional Bibliography

  • Gaillard, E., & Bermann, G. A. (2017). Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards : New York, 1958. Brill | Nijhoff.
  • Goswami, N. (2007). CIArb sets out guidelines on how to interview an arbitrator. Lawyer, 21(19), 6.
  • 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.