The International Commercial Arbitration course is intended to provide the students with knowledge and understanding of the process of arbitration. The International Commercial Arbitration course provides a general overview of theory and practice of commercial arbitration at the international level, focusing on recent developments in this field. The course will address the various players in arbitration and cover the various sources regulating international arbitration, from both theoretical and practical perspectives.
This course will begin by introducing the key characteristics of arbitration. The course will then take students through the lifecycle of an arbitration, starting from the arbitration agreement and the requirements as to the validity and enforcement thereof. An important feature of arbitration is the appointment of arbitrators and the course will address arbitrator skills and requirements, focusing on arbitrator appointment and challenge procedures. In addition, the law applicable to the various components of arbitration will be covered.
The course will also focus on arbitration procedure more generally, including in comparison with court procedures. Arbitral procedure is based on the interplay of international conventions, national laws and institutional rules, all of which are intended to provide safeguards to the procedure and provide a neutral dispute resolution mechanism.
Arbitration is supported by and subject to supervision by state courts through various mechanisms, both during and after the actual arbitration proceedings. The course will include a review of court procedures such as remission and setting aside procedures, focusing in particular on the UNCITRAL Model Law. In addition, the course will discuss enforcement mechanisms, focusing on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. States as a party and aspects of immunity law will be addressed as part of the discussion of enforcement of arbitral awards.