Spring Semester (March 1 - May 31, 2022)
International Arbitration 2022
Prof. Maria Beatrice Deli
The course will offer an overview of international arbitration as a preferred method in international trade for solving disputes in commercial and investment matters. The course will describe the reasons for choosing between national courts and ADR, the choice between ad hoc arbitration and institutional arbitration, the drafting of the arbitration clause, including the choice of an international institution. The course will describe the major steps of the arbitration proceeding, from the appointment of arbitrators to procedural aspects (exchange of submissions, hearings, examination of witnesses and experts) until the award is rendered. The course will also deal with recognition and execution of the award both for commercial and investment arbitration. During the last week of the course, a moot arbitration court will be organized, and the students will participate in the roles of counsel for the respective disputing parties.
Course Learning Objectives:
• To understand the basic practical and historical reasons for the development of international arbitration as a means of dispute resolution in international trade and foreign direct investment.
• To develop a thorough knowledge of the main international instruments for the harmonisation of international arbitration worldwide.
• To understand the importance of the lex arbitri and to acquire a satisfactory degree of familiarity with the provisions of several domestic/international arbitration statutes.
• To become familiar with the different available types of arbitration.
• To understand the fundamental principles governing the validity of arbitration agreements.
• To identify scope and limits of the jurisdiction of arbitral tribunals.
• To acquire the ability to draft different arbitration clauses in the presence of different scenarios.
• To acquire the ability to analyse pre-drafted arbitration clauses and to identify potential difficulties.
• To become acquainted with the main issues relating to the conduct of arbitration proceedings in different jurisdictions and under the arbitration rules of different arbitral institutions.
• To acquire the practical ability to prepare written submissions and to develop sufficient skills to perform basic oral advocacy tasks.
• To become familiar with the main issues connected to the gathering of evidence in international arbitration.
• To develop sufficient knowledge on recognition and enforcement of arbitral awards.
• To become familiar with the main peculiarities of foreign investment arbitration.
Course Learning Activities:
Students will be invited to interact with the professor and with guest lecturers. Students’ responsibilities are: Regularly attending classes, being punctual according to the schedule that will be fixed at the beginning of the course, being prepared to discuss cases, performing research if needed, participating in the moot arbitration court. Students are invited to discuss any difficulties encountered with the professor and with tutors.
Final grades will be based in equal proportions on participation in class, written work, final examination. Attendance policy: Attendance is compulsory to be admitted to the final exam.