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.
scheda docente
materiale didattico
Gary Born, International Arbitration: Law and Practice (latest edition)
Syllabus:
1. Introduction to international arbitration
2. The advantages of international arbitration; institutional vs. ad hoc arbitration
3. The legal framework and the different laws applicable in international arbitration
4. The arbitration agreement: fundamental principles and legal framework
5. The arbitration agreement: formal and substantive validity
6. The arbitration agreement: interpretation and extension to third parties
7. The arbitral proceedings: the relevance of the seat
8. The arbitral proceedings: appointment and removal of arbitrators
9. Procedural issues in international arbitration
10. Taking of evidence in international arbitration
11. Interim measures in international arbitration
12. Issues relating to multi-party and multi-contract arbitration
13. The applicable substantive law
14. The arbitral award: legal framework, formal requirements and drafting; types of awards and legal remedies
15. Setting aside arbitral awards; grounds for annulment; consequences of annulment; correction, interpretation and supplementation of awards
16. Preclusive effects of arbitral awards
17. Recognition and enforcement of arbitral awards: legal framework and requirements; grounds for refusal
18. Investment arbitration: introduction and standards of protection; procedure and reform perspectives
Mutuazione: 20110308 ATTIVITA' - INTERNATIONAL ARBITRATION (LINGUA GIURIDICA) in GIURISPRUDENZA LMG/01 R ROJAS ELGUETA GIACOMO
Programma
Reference Text:Gary Born, International Arbitration: Law and Practice (latest edition)
Syllabus:
1. Introduction to international arbitration
2. The advantages of international arbitration; institutional vs. ad hoc arbitration
3. The legal framework and the different laws applicable in international arbitration
4. The arbitration agreement: fundamental principles and legal framework
5. The arbitration agreement: formal and substantive validity
6. The arbitration agreement: interpretation and extension to third parties
7. The arbitral proceedings: the relevance of the seat
8. The arbitral proceedings: appointment and removal of arbitrators
9. Procedural issues in international arbitration
10. Taking of evidence in international arbitration
11. Interim measures in international arbitration
12. Issues relating to multi-party and multi-contract arbitration
13. The applicable substantive law
14. The arbitral award: legal framework, formal requirements and drafting; types of awards and legal remedies
15. Setting aside arbitral awards; grounds for annulment; consequences of annulment; correction, interpretation and supplementation of awards
16. Preclusive effects of arbitral awards
17. Recognition and enforcement of arbitral awards: legal framework and requirements; grounds for refusal
18. Investment arbitration: introduction and standards of protection; procedure and reform perspectives
