Arbitration Law - LAW 454
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
• The arbitral tribunal;
• Conduct of arbitral proceedings (place of arbitration, preliminary steps, written submissions, evidence, hearings and proceedings thereafter; 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
• 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.