Study:	Commercial Law - 10. semester
Code:	79156
ECTS:	4.0
Course coordinators:

Literature:

Arbitration and alternative dispute resolution: How to settle international business disputes; ITC (2001) UNCITRAL Model Law on International Commercial Arbitration (1985), with amendments as adopted in 2006; UNCITRAL Model Law on International Commercial Conciliation (2002); Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (the "New York Convention");

Description:

The course provides a unique combination of theoretical insight into alternative dispute resolution methods and the practical case study exercises. Students acquire knowledge on all relevant topics in arbitration and mediation - arbitration and mediation agreement, arbitrators, awards, settlement, setting aside of an award, recognition and enforcement of an award etc. Apart from academic readings, the students cover each topic through a hypothetical case study. The aim is to train the students to resolve international commercial disputes in mediation and arbitration and to appropriately apply the theoretical knowledge gained through the course in their professional activities. Students are graded based on the practical assignments given throughout the course and a final exercise in which they are provided an opportunity to roleplay a hypothetical arbitration hearing. The professors are academics that specialize in the field of private international law and international commercial arbitration who also actively serve as arbitrators.

Cognitive Skills:

KNOWLEDGE AND UNDERSTANDING

After having completed the course, student will be able to:

• name legal sources of international commercial arbitration and mediation;
• define basic notions of international commercial arbitration and mediation such as arbitration, arbitrability, ad hoc arbitration, lex arbitri, Kompetenz-Kompetenz problem, mediator, etc.;
• single out specificities of arbitration and mediation when compared to litigation;
• identify aspects of arbitrability;
• describe the procedure for recognition and enforcement of foreign awards.

 

APPLICATION

After having completed the course, student will be able to:

• sketch a valid and invalid arbitration agreement;
• apply the adequate rule to a certain legal issue from the area of arbitration and mediation;
• interpret contract provisions related to arbitration and mediation;
• autonomously use international and national legal instruments regulating international arbitration and mediation.

 

ANALYSIS

After having completed the course, student will be able to:

• categorize different methods of dispute resolution;
• differentiate the system of enforcement of domestic and international awards;
• analyse comparative arbitration legislation in order to find an appropriate seat of arbitration;
• compare importance of different international instruments regulating international commercial arbitration;
• check whether a certain arbitration agreement is valid having in mind the applicable law.

SYNTHESIS

After having completed the course, student will be able to:

• design an example of an arbitrable dispute and a dispute that can be resolved through mediation;
• prepare a draft arbitration agreement;
• plan the course of the arbitration proceedings;
• suggest an appropriate method of dispute resolution for a certain dispute;
• formulate the main disadvantages of mediation in a dispute with an international element.

 

VALORISATION

After having completed the course, student will be able to:

• evaluate whether the parties wanted to choose litigation, arbitration or mediation by their dispute resolution clause;
• valorise advantages of arbitration compared to mediation and litigation in disputes with an international element;
• evaluate the chances that a certain award would be recognised and declared enforceable under the New York Convention on recognition and enforcement of foreign awards;
• compare principles of arbitration with principles of mediation.

Practical and Generic Skills:

After having completed the course, student will be able to:

• present the acquired learning skills orally and in writing;
• autonomously and in a team work on assignments in the area of international commercial arbitration;
• draft arbitration agreements;
• consult a party on issues of recognition and enforcement of foreign awards.

 

Matching Assessments to Learning Outcomes:

For all learning outcomes a written exam.

Consultations schedule: