International Commerce Arbitration

This course offers a structured and in-depth exploration of international commercial arbitration, designed to equip students with both theoretical foundations and practical competencies. Divided into nine comprehensive modules, the curriculum begins with an overview of arbitration, distinguishing it from other dispute resolution mechanisms and clarifying its classifications and scope. It then examines the arbitration agreement, focusing on its legal form, validity, and the doctrine of separability, which allows arbitration clauses to remain effective even if the main contract is challenged.
The course progresses to arbitral jurisdiction, emphasizing the contractual basis of jurisdiction, the principle of competence-competence, and the role of courts in jurisdictional disputes. The module on arbitrators covers qualifications, appointment procedures, and ethical standards, ensuring students understand the professional expectations and selection mechanisms.
A detailed study of arbitration procedures follows, including tribunal constitution, evidentiary processes, and the handling of counterclaims. The course then addresses interim measures, such as asset and evidence preservation, highlighting their strategic importance and procedural requirements.
The module on applicable law guides students through the complex determination of laws governing the arbitration clause, procedure, and substantive dispute. The arbitral award section explains the types of awards, rendering processes, and correction mechanisms. Finally, the course concludes with recognition and enforcement, analyzing grounds for setting aside awards, refusal of enforcement, and cross-border legal challenges under international conventions.
Throughout, the course emphasizes critical legal doctrines, procedural nuances, and comparative perspectives, preparing students for real-world arbitration practice and policy analysis.