Checking date: 06/09/2024


Course: 2024/2025

International Commercial Arbitration
(17262)
Master in International Advocacy (Plan: 370 - Estudio: 334)
EPD


Coordinating teacher: PERALES VISCASILLAS, MARIA PILAR

Department assigned to the subject: Private Law Department

Type: Electives
ECTS Credits: 3.0 ECTS

Course:
Semester:




Skills and learning outcomes
Description of contents: programme
International Commercial Arbitration 1.- General aspects a) What is arbitration? Distinction from other institutions, advantages and disadvantages. b) Arbitration clause and arbitrability. c) Types of arbitration and main arbitral institutions. d) Arbitration¿s essential principles: party autonomy principle, principle of minimal judicial interference with arbitration and other principles. e) Specific substantive aspects. 2.- The arbitral tribunal and arbitrators a) The arbitration agreement. Form, contents and effects. b) Jurisdiction of the arbitral tribunal. c) Arbitrators. Appointment, Independence and impartiality, challenge and liability. 3.- Arbitral proceedings a) The structure of arbitral proceedings. Procedural specificities depending on the institution and type of arbitration. b) Arbitrators¿ powers: arbitral procedure, interim measures, emergency procedure. c) Taking of evidence in international commercial arbitration: documents, witnesses, experts. d) Judicial support to arbitral proceedings (evidence-taking and interim measures). e) Hearings. 4.- The award a) Decision-making: grounds and applicable law. b) Analysis of the substantive law of the case. c) The award (I): structure and contents. d) The award (II): annulment, recognition and enforcement. 5. Specific disputes a) Company law. b) Financial and insurance. c) Construction. Dispute Boards. d) Sports arbitration.
Learning activities and methodology
TEACHING ACTIVITIES BY MATTER AF1 Lecture AF2 Practice/Case AF3 Lecture-plus-practice AF6 Group work AF7 Students¿ individual work TEACHING METHODOLOGIES BY MATTER MD1: Lecture in class by the professor aided by computer and audiovisual tools, in which the course¿s main concepts will be developed, and the main literature will be provided. MD2: Critical reading of the texts recommended by the course¿s professor: press articles, reports, manuals and/or academic articles, for their discussion in class, or to expand and consolidate the lessons of the course. MD3: Resolution of cases, problems, etc, provided by the professor, individually or in group. MD4: Exposition and discussion in class, moderated by the professor, on topics regarding the contents of the course, as well as practical cases. MD5: Making of Works and reports individually or in group. TUTORING: Students will have access to tutorials with the person responsible for coordinating the subject. With the tutoring it is intended to organize the teaching and learning processes that are based on the interaction between the student and the teacher in order to: (i) Guide the autonomous and group work of the students (ii) Deepen in different aspects of the subject (iii) Guide the academic and comprehensive training of the student. The tutorials will take place at the time and under the conditions determined by the teacher in Aula Global. The use of Generative AI is not allowed in this subject. The use of Generative AI to assist or complete any work deliverable in this subject will be academically penalized.
Assessment System
  • % end-of-term-examination 40
  • % of continuous assessment (assigments, laboratory, practicals...) 60

Calendar of Continuous assessment


Basic Bibliography
  • Gary Born. International Commercial Arbitration, . Wolters Kluwer. 2014
  • Julian D.M. Lew QC , Loukas A Mistelis , Stefan M. Kroll, Lew, Julian D.M.. Comparative international commercial arbitration . Kluwer Law International Fecha de pub.: . 2003
Recursos electrónicosElectronic Resources *
Additional Bibliography
  • L. Newman and M. Radine . oft Law in International Arbitration. Iuris. 2014
Recursos electrónicosElectronic Resources *
(*) 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.