Arbitration Theory and Practice
Course offered :
- Current semester
- Next semester
Current programmes of study
Course offered by
| Number of credits | 20 |
| Course offered (semester) | Spring |
| Subject overlap | For students who previously have taken JUS283-2-A and/or 283-2-B the overlap is 100%. Otherwise: None. |
| Schedule | Schedule |
| Reading list | Reading list |
Language of Instruction
English
Pre-requirements
Three years of university studies. Good written and spoken English
Contact Information
Course teacher: Professor Larry Bakken
Administrative contact: Higher Executive Officer Nathalie S. L. Gaulier: Nathalie.Gaulier@jurfa.uib.no
Course Coordinator
Professor Larry Bakken
Course offered (semester)
Spring
Exam offered (semester)
Spring
Language of Instruction
English
Course Unit Level
Master level
Access to the Course Unit
MAJUR, JUSVALG, INTL-JUS
Pre-requirements
Three years of university studies. Good written and spoken English
Recommended previous knowledge
Three years of law studies
Subject Overlap
For students who previously have taken JUS283-2-A and/or 283-2-B the overlap is 100%. Otherwise: None.
Teaching Methods
The course will include lectures and discussions, with special emphasis placed on arbitration simulations.
- One: Introduction: What is arbitration?
Overview of the process and related arbitration law
- Two: Approaches to Dispute
Resolution and comparison of litigation to the Arbitration Process
- Three: Arbitration Agreements continued
Arbitrators´ Rights and Responsibilities and Process and Jurisdiction of Arbitration Tribunals and Arbitration agreements
- Four: Legal principles and current issues,
Arbitration awards and Judicial Review
- Five: Arbitration Proceedings - Focal Points of the Arbitration Process
Pre-arbitration consideration and simulations
- Six: Pre-hearing Advocacy and simulations
- Seven: Advocacy during arbitration hearing and simulations
Post Hearing Advocacy and simulations
- Eight: International Commercial Arbitration and International Arbitration Options
- Nine: International Investment Treaties
WTO, NAFTA, ASEAN, European Union
UNCITRAL, ICSID
International Investment Treaties Continued
Arbitrator misconduct, Conflict of Interest and Ethics
- Ten: Summary Conclusion and Review
Compulsory Requirements
None
Assessment methods
Exam only in semesters with teaching.
- A final written examination consisting of one or more essay questions (4 hours).
- A journal of of 3300 words maximum describing an understanding and evaluating their experience in class and from their involvement in arbitration simulations.
The journal will count for 25% of the grade, and the exam 75%.
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Students who have previously fulfilled the attendance requirements and who have submitted and received a pass grade for their journals, may resit the final exam the following teaching semester (i.e. the following spring). New attendance or a new journal will not be required.
Support materials allowed during school exam:
See section 3-5 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.
Special regulations about dictionaries:
- According to the Regulations for Studies, one dictionary is permitted support material during the examination. Bilingual dictionaries containing for example both Norwegian-English and English-Norwegian are considered as one dictionary.
- Bilingual dictionaries to/from the same two languages - for example Norwegian-English/English-Norwegian - in two different volumes are also considered as one dictionary (irrespective of publisher or edition).
- Dictionaries as described above cannot be combined with any other types of dictionaries.
- Any kind of combination which makes up more than two physical volumes is forbidden.
- In case a student has a special need for any other combination than the above mentioned, such combination has to be clarified with/approved by the course coordinator minimum two weeks before the exam. Students who have not been granted permission to have a special combination minimum two weeks before the exam will be subject to the usual regulations (Section 3-5) about examination support materials.
Grading Scale
A - E for passed, F for failed
Place of Teaching
Law faculty, Bergen
Course Unit Evaluation
According to routines for course evaluation at the faculty
Contact Information
Course teacher: Professor Larry Bakken
Administrative contact: Higher Executive Officer Nathalie S. L. Gaulier: Nathalie.Gaulier@jurfa.uib.no