Course title in Estonian
Course title in English
International Arbitration and Mediation
approximate amount of contact lessons
lecturer of 2019/2020 Autumn semester
lecturer not assigned
lecturer of 2019/2020 Spring semester
lecturer not assigned
The overall objective of the course is to give students the knowledge and understanding of the law and practice of international arbitration.
Brief description of the course
An Overview of International Arbitration including:
- The Agreement to Arbitrate
- Applicable Laws
- Establishment and Organisation of an Arbitral Tribunal
- Powers, Duties and Jurisdiction of an Arbitral Tribunal
- Conduct of the Proceedings
- The Role of National Courts during the Arbitration Proceedings
- Investment Arbitrations
- The Award
- Challenge of Arbitral Awards
- Recognition and Enforcement of Arbitral Awards
Compulsory reading assignments including case briefs, legislation and scholarly articles to be read before lectures and seminars, as assigned by the lecturer and detailed in the course program.
Other tasks may include case analysis, written seminar papers, presentations, independent or group work as detailed in the course program.
Learning outcomes in the course
After a successful completion of the course, a student:
* Understands the international arbitral procedure, the purpose of it, the practice of arbitration court and legal base of procedure;
* Is able to use the main terms of arbitral proceedings and knows different conventions;
* Knows the legal acts regulating international procedural law;
* Is able to understand the practice of procedural law of arbitral tribunal.
Other methods as detailed by the lecturer in the course program, including individual or group problem solving exercises, case presentations/analysis, a term or scholarly paper, and attendance and participation in seminar discussions.
Redfern & Hunter . Law and Practice of International Commercial Arbitration. Third Edition. Sweet and Maxwell Asia : Chapters I (pp 1- 128); II (pp 1- 81); III (pp 1-81); IV (pp 79-116); V (pp 1- 53); VI (pp 1-110); VII (pp 1-35); VIII (pp 1-102); IX (pp 1-47); X (pp 1-74).
Paul D. Friedland. Arbitration Clauses for International Contracts. Second Edition. JurisNet, LLC. New York, 2007, Chapter 6 (pp 57-119).
Donald G. Gifford. Legal Negotiation: Theory and Practice (American Casebook) 2nd edition . West Publishing, copyright 2007, total pages 367
Chapters I – III (pp 1-75); V-VIII (pp 98-178) and XI (pp 207- 215).
1) Tullio Treves. Conflicts between the International Tribunal for the Law of the Sea and the International Court of Justice. – International Law and Politics, Vol.31, 1999, pp 809821;
2) David Anderson. Negotiation and Dispute Settlement. – in: „Remedies in International Law: The Institutional Dilemma. Edited by Malcolm Evans. Hart Publishing