LAW40060

A study of the domestic and international law and practice of commercial arbitration.The course will cover: The Arbitration Agreement: form; scope and effect; the proper law of the arbitration agreement; giving effect to the agreement to arbitrate; litigating the subject matter of an agreement to arbitrate; staying litigation pending arbitration; frustration, repudiation and abandonment of arbitration agreements. The Arbitrator: appointment, replacement, removal; duties and powers; immunity from suit; ethical obligations and considerations. The Arbitral Proceedings: procedure and evidence; the ICC and other institutional rules of procedure; the proper law of the proceedings; the proper law of the dispute; separability and arbitrability of disputes; equity clauses and the lex mercatoria. The case stated. The award: formal and substantive requirements; reliefs and remedies; costs and interest. Challenges to an arbitral award: domestic and foreign awards; the Geneva and New York Conventions. Arbitration of international investment disputes; the ICSID system and rules. State involvement in arbitration. The UNCITRAL model law and the reform of arbitration law.