The course is aimed at providing an in-depth analysis of arbitration as an alternative dispute settlement mechanism. Specific attention will be devoted to the advantages of arbitration, such as its flexibility, its expeditiousness, the confidentiality aspect, freedom to designate the arbitrators and easier circulation of arbitral awards compared to diplomatic processes, international tribunals and decisions rendered by state courts, as the case may be.
The course is devided into three parts. Part I relates to Inter-State Arbitration, i.e. arbitration as way for settling international disputes between States (and/or other international entities). In this context, the course will deals with the advantages and limits of arbitration vis-à-vis the diplomatic means of dispute settlement and resort to international courts and tribunals. Part II concerns the specificities of arbitration between States and foreign investors (Investment Arbitration), with a focus on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). Part III will be devoted to the study of commercial arbitration between private parties (International Commercial Arbitration) and general issues related thereto, including the definition and reasons of international arbitration, the formation, validity and interpretation of international arbitration agreements, the arbitral proceeding, the laws applicable to the arbitration, the arbitral award, the recognition and the enforcement of arbitral awards, etc. For this part, the course will benefit from the participation of Dr. Andrea Carlevaris, the Secretary General of the International Court of Arbitration and Director of the Dispute Resolution Services of the International Chamber of Commerce (ICC Paris). The ICC is the is the largest, most representative business organization in the world (http://www.iccwbo.org/).
The course consists primarily of seminars and group work. Attending students are involved in the study of legal cases, discussion of the issues raised, and elaboration of essays in written and oral form.
|GARY B. BORN||International Arbitration: Law and Practice||Wolters Kluwer||2012||Chapters 1-4, 6, 15, 17 e 18|
The examination shall be written and will consist of 3 questions to be answered in 1 and ½ hour.