Università Roma Tre

LEARNING AND TEACHING
THE COURSES STRUCTURE IS COMPOSED OF A NUMBER OF LECTURES ON THE MAIN TOPICS OF INTERNATIONAL ARBITRATION. THE APPROACH OF TEACHING IS AIMED AT STIMULATING THE ACTIVE PARTICIPATION OF STUDENTS. THE COURSES MAIN OBJECTIVE IS THE ACQUISITION OF BOTH ACADEMIC AND PRACTICAL KNOWLEDGE.
THE DEVELOPMENT OF PRACTICAL SKILLS WILL BE ENCOURAGED THROUGH THE ORGANISATION OF DRAFTING WORKSHOPS AND MOCK ARBITRATION HEARINGS.

SYLLABUS
HISTORICAL BACKGROUND OF INTERNATIONAL ARBITRATION.
THE LEGISLATIVE FRAMEWORK. MAIN INTERNATIONAL CONVENTIONS GOVERNING INTERNATIONAL ARBITRATION (NEW YORK CONVENTION 1958, EUROPEAN CONVENTION 1961, WASHINGTON CONVENTION 1965).
ANALYSIS OF INTERNATIONAL HARMONISATION INSTRUMENTS (UNCITRAL MODEL LAW 1985).
COMPARATIVE ANALYSIS OF SELECTED DOMESTIC ARBITRATION STATUTES AS WELL AS RELEVANT CASE LAW.
THE LEGAL NATURE OF ARBITRATION. DIFFERENT TYPES OF ARBITRATION.
THE ARBITRATION AGREEMENT: REQUIREMENTS OF VALIDITY AND PECULIARITIES.
EXTENSIVE APPLICATION OF ARBITRATION AGREEMENTS AND PROBLEMATIC PRIVITY.
CONCEPTS AND TOPICAL ISSUES RELATING ARBITRATION PROCEEDINGS. THE LEX ARBITRI.
THE COMMENCEMENT OF ARBITRAL PROCEEDINGS.
THE FORMATION OF ARBITRAL TRIBUNALS AND THE ISSUE OF INDEPENDENC AND IMPARTIALITY OF ARBITRATORS
ISSUES RELATING TO JURISDICTION.
THE ANALYSIS OF DIFFERENT ARBITRATION CULTURES AND HOW THEY INTERACT IN INTERNATIONAL ARBITRATION PROCEEDINGS (COMMON LAW AND CIVIL LAW PRACTICES).
THE TAKING OF EVIDENCE IN INTERNATIONAL ARBITRATION.
PROCEDURAL POWERS OF ARBITRATORS.
THE LAW GOVERNING THE DISPUTE.
THE ARBITRAL AWARD.
RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS.

AIMS AND OBJECTIVES OF THE COURSE
TO UNDERSTAND THE BASIC PRACTICAL AND HISTORICAL REASONS FOR THE DEVELOPMENT OF INTERNATIONAL ARBITRATION AS A MEANS OF DISPUTE RESOLUTION IN INTERNATIONAL TRADE.
TO DEVELOP A THOROUGH KNOWLEDGE OF THE MAIN INTERNATIONAL INSTRUMENTS FOR THE HARMONISATION OF INTERNATIONAL ARBITRATION WORLDWIDE.
TO UNDERSTAND THE IMPORTANCE OF THE LEX ARBITRI AND TO ACQUIRE A SATISFACTORY DEGREE OF FAMILIARITY WITH THE PROVISIONS OF SEVERAL DOMESTIC ARBITRATION STATUTES.
TO BECOME FAMILIAR WITH THE DIFFERENT AVAILABLE TYPES OF ARBITRATION.
TO UNDERSTAND THE FUNDAMENTAL PRINCIPLES GOVERNING THE VALIDITY OF ARBITRATION AGREEMENTS.
TO IDENTIFY SCOPE AND LIMITS OF THE JURISDICTION OF ARBITRAL TRIBUNALS.
TO ACQUIRE THE ABILITY TO DRAFT DIFFERENT ARBITRATION CLAUSES IN THE PRESENCE OF DIFFERENT SCENARIOS.
TO ACQUIRE THE ABILITY TO ANALYSE PRE-DRAFTED ARBITRATION CLAUSES AND TO IDENTIFY POTENTIAL DIFFICULTIES.
TO BECOME ACQUAINTED WITH THE MAIN ISSUES RELATING TO THE CONDUCT OF ARBITRATION PROCEEDINGS IN DIFFERENT JURISDICTIONS AND UNDER THE ARBITRATION RULES OF DIFFERENT ARBITRAL INSTITUTIONS.
TO ACQUIRE THE PRACTICAL ABILITY TO PREPARE WRITTEN SUBMISSIONS AND TO DEVELOP SUFFICIENT SKILLS TO PERFORM BASIC ORAL ADVOCACY TASKS.
TO BECOME FAMILIAR WITH THE MAIN ISSUES CONNECTED TO THE GATHERING OF EVIDENCE IN INTERNATIONAL ARBITRATION.
TO DEVELOP SUFFICIENT KNOWLEDGE ON RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS.
TO BECOME FAMILIAR WITH THE MAIN PECULIARITIES OF FOREIGN INVESTMENT ARBITRATION.

LEW, MISTELIS, KROELL INTERNATIONAL COMPARATIVE COMMERCIAL ARBITRATION, KLUWER LAW INTL. 2003 (STUDENT EDITION).
FURTHER SELECTED TOPIC-SPECIFIC MATERIALS WILL BE MADE AVAILABLE BEFORE EACH LECTURE.