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2017 230 Special Lecture and Seminar (Studies in Comparative Private Law I)

[Lecture Course Basic Information]

Lecturer: Giorgio Fabio COLOMBO
Other Lecturers:
Course Type: Seminar
Semester: Spring
Year: 1&2
Course Periods: Thu 4
Credits: 2
Whether mandatory or not:
Classroom: -

 

Outline of Lecture Course International commercial arbitration is becoming more and more important in the field of cross-border disputed resolution. While most advanced nations already are already familiar with arbitration, there is a growing demand of expertise in this field from recent developing countries. The regulatory framework in the world is moving towards a “globalized” arbitration: there is widespread acceptance of international models as base for legislation (e.g. the UNCITRAL Model Law on International Commercial Arbitration) and the circulation of awards is made smoother by effective international instruments (e.g. the 1958 New York Convention of the recognition and enforcement of foreign arbitral awards), However, many countries are lagging back in term of effective appliance of those international tools: national resistances (both legislative, judicial and political) and the lack of arbitration theoretical and practical expertise among legislators, judges and professional operators is jeopardizing an effective and homogeneous success of arbitration all over the world. One tool to subvert this situation is trying to provide law students with a strong basis of notions in this field. This seminar focuses on both theoretical and practical issues in arbitration, covering a wide spectrum of subjects in order to provide a comprehensive picture of what international arbitration is.
Course Objectives The aim of the seminar is to provide students with effective knowledge of international commercial arbitration. First, a general overview of the subject will be presented, in order to allow everybody to have a common frame of reference. Then, each single phase of the procedure will be analyzed in detail, from the arbitration agreement to the recognition and enforcement of the award. To better understand the interaction between theoretical and normative framework and practical problems, students will have to read and comment also on materials taken from actual cases. After the end of the seminar, students should have acquired a good knowledge of, inter alia, the UNICTRAL Model Law, the New York Convention and the main problems and issues which are currently debated among arbitration scholars and practitioners.
Textbooks Due to the peculiar nature of the seminar, there is no need of a general textbook for students. Lessons will be based on specifically created Power Point presentations. Also, copies of some relevant readings will be distributed to students on a regular basis, via the online syllabus system. However, as a support textbook, students may want to use N. Blackaby, C. Partasides (with Alan Redfern and Martin Hunter), Redfern and Hunter on International Arbitration – Student version, Oxford, Oxford University Press, 5th edition, 2009.
Course Materials/Supplementaries In addition to the materials mentioned under “Textbooks” above, other handouts and reading materials will be will be distributed to students via the online syllabus system. A preliminary list will be distributed during the first class
Assessment Attendance and participation 30%
Mid term test 30%
Final test 40%

Students may improve their evaluation by submitting a short research paper. Details are to be agreed upon with the instructor
Prerequisites Good command of English language (reading, speaking, and writing) is required. A basic knowledge of private international law and civil procedure is recommended.

Other Notes

 

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