Module 1
Introduction to International Commercial Arbitration
- What is International Commercial Arbitration?
- Characteristics of “Arbitration”
- Meaning of “International” and “Commercial”
- Institutional and Ad Hoc Arbitration
Module 2
From Agreement to Clause
- Autonomy of the Arbitration Agreement
- Kompetenz-Kompetenz
- Formation and Validity of the Arbitration Agreement
- Drafting an Arbitration Clause
Module 3
The Arbitral Tribunal
- The Arbitrator and the Arbitral Tribunal
- Appointment of Arbitrators
- Challenge and Replacement of Arbitrators
- Rights and Responsibilities of Arbitrators
Module 4
The Arbitral Proceeding
- Applicable rules
- Initiation of the procedure
- The organization of the procedure: allegations and evidence
- Multi-Party Arbitration
- The arbitral award
Module 5
Provisional Measures
- Types of provisional measures
- The competent authority: the arbitral tribunal or the court of justice
- Procedure applicable to provisional measures
- Enforcement of provisional measures
Module 6
The Law Applicable to the Merits
- The principles applicable to the determination of the law applicable to the merits
- International public policy and other mandatory rules
- Questions related to the choice of forum
- The determination of the applicable law in case of absence of choice of forum by the parties
Module 7
Setting Aside of the Award
- Setting Aside in the UNCITRAL Model Law and National Arbitration Laws
- Grounds for the Setting Aside of Arbitral Awards
- Powers of the Courts of Justice in Setting Aside Procedures
Module 8
Recognition and Enforcement of Arbitration Agreements and Awards
- Scope of Application of the provisions of the 1958 New York Convention (Art. I)
- The Recognition and Enforcement of Arbitration Agreements (Art. II)
- Referral by a Court to Arbitration (Art. II.3)
- Enforcement (Art. III)
- The Request for Recognition and Enforcement: Formal Requirements (Art. IV)
- The Request for Recognition and Enforcement: Grounds for Rejection (Art. V)