International arbitration

elective courses

The course offers a guidance as well as advice in case of future involvement in arbitration on the part of parties, counsels and arbitrators alike.

This course provides a general overview of arbitration law and practice, both international and domestic and offers a guidance as well as advice in case of future involvement in arbitration on the part of parties, counsels and arbitrators alike. It provides a comprehensive analysis of the process of domestic and international commercial arbitration from the beginning to the end i.e. from the drafting of the arbitration agreement to the enforcement of arbitral awards. Special notice is paid to the role of major arbitral institutions in Europe and to the international and institutional rules. Brief indication of other than arbitration methods of settlement of commercial disputed is given (mediation, dispute adjudication boards etc.).

1. Introduction

a. Resolution of Disputes in International and Domestic Trade

b. International and Domestic Arbitration: a Fading Distinction

c. Why Arbitrate?

d. Types of International Arbitration

e. Institutional and Ad Hoc Arbitration

f. Regulation of International Arbitration

2. The Applicable Law

a. The Law Applicable to Arbitration

b. The Law Applicable to Substantive Issues

c. Conflict of Rules and the Search for the Applicable Law

3. Arbitration Clauses and Submission Agreements

a. Background

b. International Standards

c. Different Types of Arbitration

d. Arbitration Clauses

e. Submission Agreements

4. Establishment of the arbitral tribunal and organization of its work

5. Competence of the arbitral tribunal, duties of arbitrators

6. Arbitral proceedings

7. Award

8. Winding-up of the award

9. UN role

10. Other out-of-court methods of dispute settlement

11. European law and arbitration

12. Polish law regarding ADR

13. Conclusions

Student workload:

lecture - 15 hrs

preparation for a lecture - 15 hrs

preparation for assessment- 30 hrs

total - 60 hrs

J.O. Rodner: International and National Arbitration: A Fading Distinction, Journal of International Arbitration 19(5), pp. 491-496, 2002.

K.R. Pierce: Down the Rabbit Hole: Who Decides What's Arbitrable?, Journal of International Arbitration 21(3), pp. 289-302, 2004.

M. Platte: An Arbitrator's Duty to Render Enforceable Award, Journal of International Arbitration 20(3), pp.307-313, 2003.

T.H. Webster: Selection of Arbitrators in a Nutshell, Journal of International Arbitration 19(3), pp.261-274, 2002.

L. Shore: What Lawyers Need to Know about International Commercial Arbitration, Journal of International Arbitration 20(1),

After class student will:

1. Have a basic knowledge of the history and mechanisms of international arbitration,

2. Have a basic knowledge of the fundamental principles relating to international arbitration,

3. Understand the importance of assumptions arbitration and its functions,

4. Understand what factors determine the arbitration proceedings

5. He had knowledge of international arbitration institutions

6. Understand what factors determine the course of the proceedings

7. describe other out-of-court methods of dispute resolution

8. describe costs and benefits of arbitration proceedings

9. have knowledge of the contemporary legal framework of international arbitration

SKILLS

1. explain the effects of the arbitration award,

2. describe and explain the causes and consequences of the emergence of international disputes and the method of settlement

4. explain why parties choose arbitration,

5. enumerate and characterize leading arbitral institutions

6. explain the basic factors determining the course of arbitration in international cases

ATTITUDES

1. have a greater autonomy in the application of theoretical knowledge in the analysis of basic phenomena in the field of international dispute settlement

2. become more responsible due to the fact that the choice is left to the student how to acquire the knowledge presented during the course.

3. become more active in expressing their views, because evaluation will be granted on the basis of active participation in classes and on the basis of the analysis of the legal issues in the form of considerations.

The basis for assessment is prepared essay on the topic given by the teacher and the assessment of the activity in the classroom.