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Lecturer(s)
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Hrnčiříková Miluše, JUDr. Ph.D.
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Course content
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Přednášky: 1. International character of business conflicts and its solution 2. Out-of-court dispute settlement and mediation 3. History and legal sources of international arbitration 4. Characteristics of international commercial arbitration (definition of arbitration, nature of arbitration, institutional/ad hoc arbitration) 5. Arbitration agreement (arbitration clause, conclusion of arbitration agreement, validity) 6. Arbitrability (definition, governing law) 7. Arbitrators - selecting of an arbitrator, challenge of an arbitrator, constitution of the arbitral tribunal 8. Commencement of arbitration (request for arbitration, place of arbitration, jurisdiction of the tribunal, governing law) 9. Interim and provisional measures in international arbitration 10. Law governing the international arbitration - substantive and procedural issues (witness statement, discovery of documents) 11. Arbitral award (closure of the proceedings, drafting of award, types of awards) 12. Setting aside of an arbitral awards (grounds for settings aside, legal effects of setting aside) 13. Recognition and enforcement of arbitral awards Semináře: 1. Effective conflict management 2. How to draft enforceable arbitration agreement 3. Independent and impartial arbitrator 4. How to organize arbitral proceedings 5. The legal effects of annulled arbitral award 6. How to prevent enforceability of arbitral award
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The main goal of the course is to provide students with the information on international commercial arbitration as the most common tool of dispute resolution in international business. It focuses on the basic theories of international arbitration, its legal backgrounds and nowadays trends and problems. The analyses of the leading case-law influencing the actual development in the field of international arbitration are integral part of the course. During this course students will also have the opportunity follow the real process of arbitration by using the authentic videos. This course is highly recommended to students who plan to participate in Willem C. Vis International Commercial Arbitration Moot.
Students get thorough knowledge of international commercial arbitration.
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Prerequisites
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Completion of this course is not conditional upon completion of some other courses.
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Assessment methods and criteria
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Mark
The emphasis is placed on active participation of students. Students are obliged to read relevant parts of chosen obligatory literature as preparation for each lesson of the course and to prepare individual presentation. Tutor reserves her right to submit additional tasks during semester, especially analyses of relevant case-law. Participation in the course is obligatory. The course is concluded by written exam consisting of open questions and case analyses.
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Recommended literature
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International Commercial Arbitration. A 3-part series of edudational DVDs.
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Born, G. B. (2011). International Arbitration: Cases & Materials. Alphen aan den Rijn: Kluwer Law International.
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Born, G. B. (2011). International Commercial Arbitration. Commentary and Materials. Haag: Transnational Publishers.
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Moses, M. L. (2012). The Principles and Practice of International Commercial Arbitration. 2nd edition. Cambridge University Press.
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Redfern, A., Hunter, M., Blackaby, N., Partasides, C.. (2009). Redfern & Hunter on International Arbitration. 5th edition. Oxford University Press.
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