Course Description
This course deals with the characteristics of alternative dispute resolution (ADR) on the one hand and with arbitration on the other. The specific pros and cons of each instrument to settle disputes will be discussed. More specifically, different aspects of International Commercial Arbitration (ICA) will be highlighted, such as: The characteristics of ICA in practice, the arbitration agreement and the applicable Law, arbitrators and arbitration proceedings, and finally the effects and limits of arbitral awards. The Students will be able to be accustomed i.a. with the Brussels I-Regulation, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), the European Convention on Commercial Arbitration (1961) and other sources.
Intended Learning Outcomes
CILO-1: Students will be able to distinguish the key features and advantages of alternative dispute resolution (ADR) methods from conventional litigation, and to construct the characteristics of specific alternative ADR methods and corresponding merits and limitations for business dispute resolution.
CILO-2: Students will be able to evaluate the effectiveness of international commercial arbitration, as well as specific ADR institutions.
CILO-3: Students will be able to design relevant preparatory measures for prescribing arbitration clauses and participating in different stages of the arbitration process.
CILO-4: Students will be able to appraise various grounds of challenging arbitration proceedings in seeking recognition and enforcement of foreign arbitral awards, and to determine the relevant legal standards emanating from key international and regional legal instruments governing ADR.