This course covers the modern ways of resolving international commercial and investments disputes through arbitration. For commercial disputes, it investigates the differences with and advantages/disadvantages of this way of dispute resolution compared to ordinary litigation in the national courts. It subsequently deals with the arbitration clause, jurisdiction issues and the question of arbitrability followed by a discussion of the various steps in arbitration in ad hoc, ICC and LCIA arbitrations, the different sets of procedural rules that may apply and with the applicable substantive private or regulatory laws, and finally with the residual roles of national courts in the supervision of arbitrations, in providing support and interim relief, and in the recognition and enforcement of arbitral awards, under the New York Convention. For investment disputes resolution, the course goes into the differences with international commercial arbitration, discusses the scope, and substance of modern bilateral investment treaties (BITs) and of the NAFTA treaty in North America, the special protections thereunder and their legal status and significance, the role of ICSID and the Washington Convention, the problems in the modern causes of action given to the international investor either in or outside these treaties, and in the applicable public international law or transnational or domestic private and regulatory law.
International Commercial Arbitration and Investment Dispute Resolution
10 ECTs / 48h / English