| Applicable laws and procedures
in international commercial arbitration |
|
Students wishing
to study and be examined in this course are advised to
successfully complete 'Regulation and infrastructure of
international commercial arbitration' in full before attempting
'Applicable laws and procedures in international commercial
arbitration'. |
| Section A: Applicable
law issues in arbitration |
| ˇ
Determination of applicable law |
| ˇ
Applicable substantive law |
| ˇ
Transnational rules, lex mercatoria and trade usages |
| Section B: Procedure and
evidence in arbitration |
| ˇ
Law governing the arbitration procedure |
| ˇ
Commencement of arbitration; terms of reference / procedural
directions |
| ˇ
Procedural issues |
| ˇ
Taking evidence |
| Section C:
Jurisdictional issues in arbitration |
| ˇ
Arbitrability |
| ˇ
Determination of jurisdiction |
| ˇ
Provisional measures |
| ˇ
Multi-party and multi-contract disputes |
| Section D: Arbitration
award – form, content, challenge and enforcement |
| ˇ
Form and content |
| ˇ
Finality and challenges to award |
| ˇ
Recognition and enforcement |
Sequence:
Section A first. |
Textbook:
Julian D.M. Lew, Loukas A. Mistelis and Stefan Kröll,
Comparative International Commercial Arbitration (The
Hague: Kluwer Law International, 2003), ISBN: 9789041115683 |
