International Commercial Arbitration (cont.)

Course Status: 
CEU code: 
LEGS 5040
CEU credits: 
ECTS credits: 
Academic year: 
Academic year: 
Academic year: 
Start and end dates: 
19 Sep 2011 - 2 Dec 2011
Co-hosting Unit(s) [if applicable]: 
Department of Legal Studies
Tibor Várady

The course covers the following major topics of international (private) dispute settlement: Approaches to dispute resolution (peace and/or justice, patterns of dispute resolution, methods of settling international trade disputes - litigation, arbitration, mediation, conciliation, med-arb, mini-trial, fast-track arbitration); the legal profession in various countries (the status and the role of the legal profession, lawyers acting in another country); the language problem in international dispute resolution; Litigation: Jurisdiction to adjudicate; Simultaneous proceedings in various countries;  International judicial assistance; Recognition and enforcement of foreign judgements; International Commercial Arbitration: The Standing of Arbitration within the Legal System (Arbitration versus courts and arbitration with the assistance of courts;  The sources of relevant norms);  The Authority of Arbitration Tribunals (The arbitration agreement as the cornerstone of the arbitration process; arbitrability); The Arbitrators (The arbitrators - Qualifying and Disqualifying Circumstances; Challenges; Appointment and appointing authorities);Focal Points in the Arbitration Process (Selected Elements of Procedure Before Arbitration Tribunals; The Award; Choice of Law Issues Before the Arbitrators; Arbitration and Provisional Measures; Costs); The Effects and Confines of Arbitral Awards (Deposit, Confirmation, Merger into Judgement;  Res iudicata and litispendence; Court Control Over the Award).

Required reading: Tibor Várady, John J. Barceló, III, Arthur T. von Mehren, INTERNATIONAL COMMERCIAL ARBITRATION, Thomson & West, Fourth Edition 2009

Documents Supplement to Tibor Várady, John J. Barceló, III, Arthur T. von Mehren, INTERNATIONAL COMMERCIAL ARBITRATION, Thomson & West St. Paul, Minn., 2009, Fourth Edition

Continued in Module 3.