International Commercial Dispute Resolution
Full course description
This course on International Commercial Dispute Resolution addresses several distinct, yet often closely related methods for the resolution of commercial disputes: mediation, arbitration and litigation. It focuses on disputes between private parties acting in the realm of international commerce, thus excluding disputes arising between sovereign states mutually bound by international trade agreements or between states and private parties.
Assessment methods: (in accordance with course book and Education and Examination Regulations)
Course objectives
Students
• Have insight in and understanding of the methods to resolve commercial disputes with a cross-border dimension via mediation, arbitration or court litigation, including the important regulatory frameworks such as the New York Convention, Brussels I and Rome I Regulation, as well as a broad understanding of US law.
• Able to interpret and apply the rules relating to jurisdiction, applicable law and recognition and enforcement in the context of mediation, litigation and arbitration and critically use relevant case-law in that context.
• Can explain the relation between issues of Jurisdiction/Competence, Applicable Law and Recognition and Enforcement of judgments and awards, in particular when it comes to Arbitration and Litigation;
• Understand the extent of party-autonomy commercial parties enjoy in settling their disputes and the way public interests may restrict that autonomy through concepts such as arbitrability, public policy, and overriding mandatory provisions in litigation and arbitration;
• Can compare and discuss the advantages and disadvantages of the various methods of international commercial dispute settlement, their interrelationship and the practical implications thereof, and make and justify a choice for one or the other in a specific case;
Prerequisites
Recommended reading
(APA)