After this course students will be able to:
- Explain the concept and main principles of international arbitration.
- Understand different types of international arbitration, and their respective legal framework.
- Explain critically the perceived advantages and disadvantages of arbitration.
- Understand and critically evaluate problems of international arbitration.
- Explain the material scope and the main chain of events in the process of international arbitration.
- Understand international arbitration from a practical perspective by reviewing the main case-law.
- Apply the principles and procedures of arbitration in a real-life case.
This course will be taught by the renowned scholar and international arbitrator Prof. dr. Jamal Seifi. Prof. Seifi is a judge at the Iran-US Claims Tribunal and also a member of the Permanent Court of Arbitration, both based in The Hague. Apart from his many activities as a practitioner and judge, Prof. Seifi also is an outstanding teacher.
International arbitration has become an important forum for resolution of disputes of commercial, investment and inter-State nature involving parties, counsel and arbitrators coming from diverse legal and cultural traditions. As economic activities and transactions have become increasingly global international arbitration represents a global form of dispute resolution for international disputes in a global context. This is confirmed by a steady increase in the case-loads of leading international arbitration institutions to the tune of three and five-fold in the past 25 years, increase in the inclusion of arbitration clauses in international commercial agreements and the use of arbitration as a means of resolving new categories of disputes. As a result, the theory and practice of international arbitration is developing rapidly in multiple areas, including in the commercial, investment and inter-State fields. The enduring popularity of international arbitration is believed by many commentators to lie in its intrinsic feature which “provides a neutral, speedy and expert dispute resolution process, largely subject to the parties’ control, in a single, centralized forum, with internationally-enforceable dispute resolution agreements and decisions”.
At the same time, international arbitration is facing new challenges. There are criticisms against the perceived virtues of arbitration, ranging from cost, length of the proceedings and their becoming rigid and complex. All these necessitate a specialized academic study of international arbitration both for practical as well as theoretical reasons, illustrating the framework of legal rules and institutions operating in a complex international society. The course provides a rigorous discussion into the field of international commercial arbitration as its principal focus, but it will also delve into such areas as investment and inter-State arbitration. The course will begin with an overview of international arbitration and will continue to discuss: the agreement to arbitrate; the applicable laws; the establishment and organisation of an arbitral tribunal; powers, duties, and jurisdiction of an arbitral tribunal; conduct of proceedings; the role of national courts during the proceedings; arbitration under investment treaties; the award, challenge of arbitral awards; and recognition and enforcement of arbitral awards.
Type of instructions
Type of exams
Written exam (50%) and paper (50%)