Alternative Dispute Settlements

Mål og innhald

This course provides an introduction to the basic foundations, guiding principles and key elements of arbitration. The course will include a brief history of arbitration, an overview of its significant features, and its role in the broader context of dispute resolution. Special attention will be given the new law of arbitration in Norway and to reginal, national and international arbitration agreements. Several international treaties will be examined such as WTO (World Trade Organization), ICC (International Chamber of Commerce), WIPO (World Intellectual Property Organization) and other international documnets will be examined if there is sufficient time.

Læringsutbyte/resultat

• Understand arbitration as an ADR option
• Understand the history, law and practise of arbitration
• Compare arbitration to to mediation and litigation
• Become familiar with arbitration clauses found in business contracts
• Examine arbitration treaties, statutes and cases
• Understand the relationships between arbitration and the courts
• Learn the importance of arbitration in international transactions
• Learn how to prepare for an arbitration hearing
• Understand the various stages and steps

Undervisningssemester

Autumn

Undervisningsspråk

English

Krav til forkunnskapar

Two years of Law studies

Tilrådde forkunnskapar

None beyond the prerequisites

Fagleg overlapp

Combined with JUS296, this course generates only 5 new credits.

Undervisning og omfang

Attendance is expected, lectures, discussions, problems and simulations:

• Introduction - Approaches to Dispute Resolution and comparison of litigation to the Arbitration Process

• Forms of Arbitration, Basic concepts, Applicable Laws (national and international) and Arbitration Agreement

• Arbitration Agreements continued, Arbitration Rights and Responsibilities and Process and Jurisdiction of Arbitration Tribunals

• Arbitration Proceedings, Focal Points of the Arbitration Process

• Arbitration Awards, Enforcement, Judicial Control, Domestic and Foreign Awards, Public Policy, Partial and Standard of Revenue

• International Commercial Arbitration and International Arbitration Options

• International Arbitration options continued

• International Investment Treaties, WTO, NAFTA, ASEAN, European Union, UNICITRAL, ICSID

• International Investment Treaties continued, Arbitration misconduct, Conflict of Interest and Ethics

• Summary Conclusion and Review

Obligatoriske arbeidskrav

None

Vurderingsformer

Semester with teaching:

• A paper of 1800 words maximum. Each paper topic is open but has to be approved by the course teacher.
• A final examination consisting of two or more essay questions.

 The paper will count for 25% of the grade, and the exam 75%.

Semester without teaching:

A four hours written school exam

Grading: A - E for passed, F for failed. 

Exam language:

- Question paper: English

- Answer paper: English

Support materials allowed during school exam:

See section 3-5 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.

Special regulations about dictionaries:

• According to the Regulations for Studies, one dictionary is permitted support material during the examination. Bilingual dictionaries containing for example both Norwegian-English and English-Norwegian are considered as one dictionary.
• Bilingual dictionaries to/from the same two languages - for example Norwegian-English/English-Norwegian - in two different volumes are also considered as one dictionary (irrespective of publisher or edition).
• Dictionaries as described above cannot be combined with any other types of dictionaries.
• Any kind of combination which makes up more than two physical volumes is forbidden.
• In case a student has a special need for any other combination than the above mentioned, such combination has to be clarified with/approved by the course coordinator minimum two weeks before the exam. Students who have not been granted permission to have a special combination minimum two weeks before the exam will be subject to the usual regulations (Section 3-5) about examination support materials.

Emneevaluering

According to administrative arrangements for evaluating courses at the Law Faculty.

Kontaktinformasjon

Course teacher: Professor Larry Bakken

Administrative contact: elective-courses@jurfa.uib.no