This course will provide an indepth study of specific topics in international commercial arbitration from both a theoretical and practical perspective. Topics to be considered will include:
- the arbitration agreement - the separability doctrine, choice of law, parties to the agreement (including non-signatory issues), competence-competence, enforcement of the agreement and other types of national court intervention;
- complex arbitrations - multiparty and multicontract issues, joinder of parties, consolidation of cases, parallel proceedings;
- the arbitral tribunal - selection of arbitrators, duties of arbitrators, independence and impartiality issues, challenges of arbitrators;
- the arbitral proceedings - bifurcation, interim measures, evidentiary rules, the conduct of hearings; and
- the arbitral award - drafting of awards, enforcement and setting aside of awards, the 1958 New York Convention on the Recognition and Enforcement of Awards.
The course will refer to arbitration rules, case law, statutes and international conventions.