Checking date: 26/04/2024


Course: 2024/2025

Arbitration and negotiation techniques
(16827)
Master in Business Legal Advice (Plan: 344 - Estudio: 317)
EPD


Coordinating teacher: CARRETERO MORALES, EMILIANO

Department assigned to the subject: Criminal Law, Procedural Law and History Law Department

Type: Electives
ECTS Credits: 3.0 ECTS

Course:
Semester:




Objectives
BASIC SKILLS Knowledge and understanding that provide a basis or opportunity for originality in developing and / or applying ideas, often in a research context That the students can apply the broader (or multidisciplinary) acquired knowledge and ability to solve problems in new or unfamiliar environments within contexts related to their field of study That students are able to integrate knowledge and handle complexity, and formulate judgments based on information that was incomplete or limited, includes reflections on social and ethical responsibilities linked to the application of their knowledge and judgments Students can communicate their conclusions and the knowledge and rationale underpinning to specialists and non-specialists in a clear and unambiguous Students must possess the learning skills that enable them to continue studying in a way that will be largely self-directed or autonomous. GENERAL SKILLS Apply theoretical and practical advanced training in corporate legal advice. Understand the importance of law as a regulatory system of social relations. Perceiving the unitary character of the legal system and the necessary interdisciplinary view of legal problems. Being able to manage, identify, organize and analyze legal information. Capacity for teamwork Ability to make critical judgments about legal issues. Ability to conduct an interdisciplinary legal advice. Ability to write legal briefs Acquisition of correct ethical behavior. Knowing how to communicate the findings to specialists and non-specialists in a clearand unambiguous manner. SPECIFIC SKILLS Ability to identify legal and business problems in specific situations and develop solution strategies Negotiating skills to solve and / or avoid a legal conflict.
Skills and learning outcomes
Description of contents: programme
International Commercial Arbitration 1. Arbitration in the Spanish Arbitration Act (Law 60/2003): Scope, classes arbitration, Arbitration Procedure, Action for annulment of the arbitration award and enforcement of arbitral awards 2. Arbitration in the Geneva Convention of 1961: Scope of the Geneva Convention, classes arbitration, law applicable to the merits of the case law applicable to determine the validity of the arbitration agreement. 3. New York Convention 1958: Recognition and enforcement of arbitral awards Reasons not to recognize or enforce an arbitration award. Negotiation Techniques. 1. Introduction to Negotiation 2. The seven elements of the Harvard School 3. The different styles of negotiators 4. The Negotiation Process 5. People and difficult negotiation situations 6. Negotiation assisted by third parties. Mediation and Collaborative Law
Learning activities and methodology
FORMATION ACTIVITIES Theoretical and practical classes Individual student work TEACHING METHODS -Explications with support of computer and audiovisual media, in which the main concepts of the subject will be developed and the bibliography will be provided to complement the students' learning. -Reading of texts recommended by the professor of the subject: judgments and resolutions, articles of press, reports, manuals and / or academic articles, for later discussion in class, or to expand and consolidate the knowledge of the subject. -Resolution of practical cases, problems, etc., individually or in groups -Exposition and discussion in class, under the moderation of the professor, of related subjects, as well as of practical cases -Elaboration of works and reports individually or in groups
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40




Basic Bibliography
  • A.L Calvo Caravaca/J. Carrascosa González (dirs.). Derecho del comercio internacional. Colex. 2012
Recursos electrónicosElectronic Resources *
  • Área de Derecho Internacional Privado de la Universidad Carlos III de Madrid · Revista Cuadernos de Derecho Transnacional : http://www.uc3m.es/cdt
(*) Access to some electronic resources may be restricted to members of the university community and require validation through Campus Global. If you try to connect from outside of the University you will need to set up a VPN


The course syllabus may change due academic events or other reasons.