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Lecturer(s)
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Hrnčiříková Miluše, JUDr. Ph.D.
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Halla Slavomír, Mgr. Ph.D.
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Bureš Pavel, JUDr. Ph.D.
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Course content
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1. International commercial arbitration - definition of arbitration - nature of arbitration - UNCITRAL Model Law on International Commercial Arbitration - institutional/ad hoc arbitration ADR 2. Arbitration Agreement - arbitral clause - conclusion of arbitration agreement - validity - governing law 3. Role of arbitrators - selecting of arbitrator - challenge of arbitrator - constitution of the Tribunal 4. Procedural issues of international commercial arbitration - a. Commencement of the arbitration - request for arbitration - place/seat of arbitration - jurisdiction of the tribunal b. Administration of arbitration - calculation of fees - conference on procedural issues - interim measures c. Law governing the procedure of arbitration - Uncitral Model Arbitration Rules - European Convention on International Commercial Arbitration d. Presenting technical evidence - witness testimony - discovery of documents - 5. Law governing the international commercial arbitration - applicable law on merits - lex mercatoria 6. Arbitral Award a. Closure of the proceedings - drafting of award - structure of arbitral award - types of arbitral awards b. Setting aside of award - grounds for setting aside - effect of setting aside c. Enforcement of the award - New York Convention - ground for refusal of recognition and enforcement 7. Special tasks of international commercial arbitration - multi-party arbitration - fast track arbitration?
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Learning activities and teaching methods
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Dialogic Lecture (Discussion, Dialog, Brainstorming)
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Learning outcomes
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The course is held in English to the extend of 2 seminar hours a week. The main purpose 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.
At the end of the course the student should have knowledge necessary to understand the features of law, the gain command about Procedural issues of international commercial arbitration, understand definitions related to the International Commercial Arbitration.
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Prerequisites
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The completion of this course is not conditioned upon completion of any other courses.
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Assessment methods and criteria
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Mark
Indispensable prerequisite for oral exam is a attendance within the scope set by the seminar teacher.
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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. (2001). International Commercial Arbitration. Commentary and Materials.. Haag: Transnational Publishers.
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Redfern, A., Hunter, M., Blackaby, N., Partasides, C. (2004). Law and Praktice of International Commercial Arbitration.. London: Sweet and Mawxell.
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