International Commerce Arbitration

Course Description:
The course is divided into nine main parts:
(1)Overview of Arbitration
Key Points:
 Characteristics of arbitration
 Classification of arbitration
 Scope of arbitrable disputes
 Arbitration legislation and practice
Teaching Focus and Difficulties:
 Distinguishing arbitration from other civil and commercial dispute resolution methods
 Understanding the basic classification and characteristics of arbitration
 Identifying which disputes can be resolved through arbitration
(2) Arbitration Agreement
Key Points:
 Form and content of arbitration agreements
 Validity of arbitration agreements
 Separability of the arbitration clause
 Assignment of arbitration agreements
Teaching Focus and Difficulties:
 Familiarity with the effects of arbitration agreements on courts, arbitrators, and parties
 Understanding the separability doctrine of arbitration clauses
(3) Arbitration Jurisdiction
Key Points:
 Contractual nature of jurisdiction
 Competence to rule on jurisdictional objections
 Judicial intervention in jurisdictional disputes
Teaching Focus and Difficulties:
 Understanding the source of arbitral jurisdiction
 Understanding the court's power to rule on objections to arbitral jurisdiction and procedure
(4) Arbitrators
Key Points:
 Qualifications of arbitrators
 Selection and appointment of arbitrators
 Professional ethics and conduct of arbitrators
Teaching Focus and Difficulties:
 Mastering the criteria for arbitrator qualifications
 Mastering the procedures for selecting and changing arbitrators
 Familiarity with the professional conduct rules for arbitrators
(5) Arbitration Procedure
Key Points:
 Arbitration application and acceptance
 Constitution of the arbitral tribunal and challenges to arbitrators
 Statement of defense and counterclaims
 Examination of evidence, expert appraisal, and inspection
Teaching Focus and Difficulties:
 Mastering the procedures for arbitration application, acceptance, and constitution of the arbitral tribunal
 Familiarity with the arbitration hearing process
(6) Interim Measures
Key Points:
 Preservation of evidence
 Preservation of assets
Teaching Focus and Difficulties:
 Understanding the concept, function, and forms of interim measures
 Mastering the timing and conditions for parties to apply for interim measures
 Understanding the procedures for granting, recognizing, and enforcing interim measures
(7) Applicable Law
Key Points:
 Law applicable to the validity of the arbitration clause
 Law applicable to the arbitration procedure
 Law applicable to the merits of the dispute
Teaching Focus and Difficulties:
 Mastering how to determine the law applicable to the validity of the arbitration clause
 Mastering how to determine the law applicable to the arbitration procedure
 Mastering how to determine the law applicable to the merits of the dispute
(8) Arbitral Award
Key Points:
 Types of awards
 Rendering of the award
 Correction of the award
Teaching Focus and Difficulties:
 Understanding the different types of awards
 Understanding the requirements for rendering and correcting an award
(9) Recognition and Enforcement
Key Points:
 Setting aside of the award
 Refusal of recognition and enforcement
 Cross-border recognition and enforcement
Teaching Focus and Difficulties:
 Understanding the grounds for setting aside and refusing recognition and enforcement
Understanding the legal issues concerning the cross-border recognition and enforcement of international commercial arbitral awards