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Postgraduate course

Arbitration Theory and Practice

  • ECTS credits20
  • Teaching semesterSpring
  • Course codeJUS283-2-A
  • Number of semesters1
  • LanguageEnglish
  • Resources

Level of Study

Master level

Semester of Instruction

Spring

Place of Instruction

Law faculty, Bergen

Objectives and Content

This course provides an introduction to the basic foundations, guiding principles and key elements of arbitration.  The course will include a brief history of arbitration and overview of its significant features and its role in the broader context of dispute resolution.  Special attention will be given law of arbitration in Norway.  Attention will also be given to national and international arbitration agreements.  The role of several international treaties will be examined such as WTO (World Trade Organization),

ICC (International Chamber of Commerce), WIPO(World Intellectual Property Organization.  Several others international documents will be examined if there is sufficient time.

Arbitration is a widely used method of private dispute resolution. It is quasi-judicial in nature and lawyers, especially commercial lawyers, should be familiar with its procedures and processes. Lawyers need to know when to use arbitration, the framework of an arbitration hearing, lawyer conduct in arbitration proceedings, the rights and duties of the parties, claimants, respondents, arbitrators, lawyers and judges. Special attention will be given to the authority of the arbitration tribunal and arbitrator awards. Other topics discussed in the class will be freedom of contact, separability, arbitrability, initial awards, clarification of awards and other conflicts between judicial and private resolution of disputes.

Arbitration requires significant preparation. This course will address client and witness preparation, address issues and topics related to advocacy during the pre-arbitration hearing which includes opening statement, rules of evidence, examination and cross-examination of witnesses, preparation and use of depositions and transcripts. Post hearing advocacy will also be included in the course. Finally, this course will examine hybrid processes and international dispute settlement mechanisms and how arbitration procedures are utilized to resolve commercial conflicts.

The course will include practical advice and opportunity to practice basic arbitration skills.  Class discussion, skills practice lectures and some case analysis will be used during the class.

 

COURSE OBJECTIVES

  • Understand arbitration as an ADR option
  • Understand the history, law and practice of arbitration
  • Compare arbitration to mediation and litigation
  • Become familiar with arbitration clauses found in business contracts
  • Examine arbitration treaties, statutes and cases
  • Understand the relationships between arbitration and the courts
  • Learn the importance of arbitration in international transactions
  • Learn how to prepare for an arbitration hearing
  • Understand the various stages and steps

Required Previous Knowledge

Three years of university studies. Good written and spoken English

Recommended Previous Knowledge

Three years of law studies

Access to the Course

The course is available for the following students:

  • Admitted to the integrated master programme in law
  • Admitted to the two-year master programme in law
  • Granted admission to elective courses at the Faculty of Law
  • Granted additional right to study following completed master degree in law at UiB
  • Exchange students at the Faculty of Law

The pre-requirements may still limit certain students' access to the course

Teaching Methods and Extent of Organized Teaching

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 Assignments and Attendance

None

Forms of Assessment

Exam only in semesters with teaching.

Four hour digital school exam.

Information about digital examination can be found here:www.uib.no/en/education/87471/digital-examinationwww.uib.no/en/education/87471/digital-examination

http://www.uib.no/en/education/87471/digital-examination#

A - E for passed, F for failed.

Exam language:

  • Question paper: English
  • Answer paper: English

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

Subject Overlap

For students who previously have taken JUS283-2-A and/or 283-2-B the overlap is 100%. Otherwise: None.

Assessment Semester

Spring

Course Evaluation

According to routines for course evaluation at the faculty

Contact

Contact Information

Kursansvarlig: Professor II Larry Bakken

Administrativt ansvarlig: elective-courses@jurfa.uib.no