Arbitration Theory and Practice

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.

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