This is a type of dispute resolution that are commonly used by companies to resolve international commercial disputes to avoid the costly process of traditional litigation.
Introduction to International Commercial Arbitration: An overview of the concept of international commercial arbitration, its history, its role in international trade, and its advantages over litigation.
Arbitration Agreements: The types of arbitration agreements, their validity, and their legal requirements.
The Role of Arbitration Institutions: The function of international arbitration institutions such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Permanent Court of Arbitration (PCA), and other regional organizations.
Jurisdiction and Admissibility: The means by which arbitrators' jurisdiction and admissibility of disputes are established.
Choice of Law and Procedural Issues: The law applicable to an agreement and the procedural issues to be considered.
Conduct of Proceedings: The conduct of arbitration proceedings, from the filing of claims to the awarding of damages.
The Law of Contracts: Definitions and drafting techniques of international contracts, and the legal frameworks governing contract formation and performance.
International Sales Law: The rules governing the international sale of goods, including the UN Convention on Contracts for the International Sale of Goods (CISG).
Investment Treaty Arbitration: The process for resolving disputes between investors and states based on investment treaties.
Construction Arbitration: The process for resolving disputes arising from construction projects, both domestically and internationally.
Intellectual Property Disputes: Especially in the area of technology transfer, where intellectual property plays a crucial role.
Ethics in International Commercial Arbitration: The ethical principles regulating the conduct of arbitrators and parties in arbitration proceedings.
Recognition and Enforcement of Arbitral Awards: The means by which arbitral awards are recognized and enforced in various jurisdictions.
Alternative Dispute Resolution (ADR): Various alternative methods of resolving disputes, including mediation, negotiation, and conciliation.
Future Developments: Changes in international commercial arbitration, including the increasing use of technology and the focus on sustainable dispute resolution.
Ad Hoc Arbitration: Ad hoc arbitration is a form of arbitration that is not administered by an arbitration institution. It involves the parties agreeing on the rules of procedure, the venue, and the appointment of the arbitral tribunal, amongst other things.
Institutional Arbitration: Institutional arbitration is an arbitration that is administered by an arbitration institution, such as the International Chamber of Commerce (ICC) or the London Court of International Arbitration (LCIA). The institution provides support and guidance to the parties and the arbitrators, as well as administrative services such as managing the appointment of arbitrators and facilitating the arbitral process.