In recent years, the use of arbitration as a
means of resolving domestic and international
disputes has grown enormously in popularity.
Arbitration is used for all kinds of disputes:
from purely business-related disputes, which
cross borders, and mixed disputes between
foreign investors and hot states to disputes
between sovereign states. There is a discrete
body of Domestic and International Law
devoted to arbitration issues, and there are
a number of specialist arbitration institutions.
This course provides a rigorous study to the
field of International Arbitration, which has
become the default means of international
commercial disputes. The course will deal with
the internationalist elements of the subject
matter, but will also examine international
commercial arbitration from a Lebanese
and comparative perspective. Students can
expect to review both Lebanese and foreign
commentaries, statutes, and case-study
method on the subject.
The course will comprise the following main
topics:
- Introduction to domestic and International
Commercial Arbitration;
- Arbitrability;
- The arbitral tribunal;
- Conduct of arbitral proceedings (place
of arbitration, preliminary steps, written
submissions, evidence, hearings
and proceedings thereafter, and fast track
arbitration;
- The role of council, the parties, witnesses,
and others in arbitration;
- Applicable laws to the arbitration
procedure, to the substance, and to the
agreement to arbitrate;
- Role of national courts in International
Commercial Arbitration;
- Arbitral award/challenges to award/
recognition and enforcement;
- New developments and a comparison of
arbitration legislation around the world,
and
- Investment arbitration; Arbitration and
States.
Language of Instruction: English (legal terms,
however, are also given in Arabic and French).
This lecture is supported by a workshop that
helps the students to understand the course.