Arbitration Theory and Practice

Aim and Content

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 and overview of its significant features and its role in the broader context of dispute resolution.  Special attention will be given law of arbitration in Norway.  Attention will also be given to national and international arbitration agreements.  The role of several international treaties will be examined such as WTO (World Trade Organization),

ICC (International Chamber of Commerce), WIPO(World Intellectual Property Organization.  Several others international documents will be examined if there is sufficient time.

Arbitration is a widely used method of private dispute resolution. It is quasi-judicial in nature and lawyers, especially commercial lawyers, should be familiar with its procedures and processes. Lawyers need to know when to use arbitration, the framework of an arbitration hearing, lawyer conduct in arbitration proceedings, the rights and duties of the parties, claimants, respondents, arbitrators, lawyers and judges. Special attention will be given to the authority of the arbitration tribunal and arbitrator awards. Other topics discussed in the class will be freedom of contact, separability, arbitrability, initial awards, clarification of awards and other conflicts between judicial and private resolution of disputes.

Arbitration requires significant preparation. This course will address client and witness preparation, address issues and topics related to advocacy during the pre-arbitration hearing which includes opening statement, rules of evidence, examination and cross-examination of witnesses, preparation and use of depositions and transcripts. Post hearing advocacy will also be included in the course. Finally, this course will examine hybrid processes and international dispute settlement mechanisms and how arbitration procedures are utilized to resolve commercial conflicts.

The course will include practical advice and opportunity to practice basic arbitration skills.  Class discussion, skills practice lectures and some case analysis will be used during the class.

COURSE OBJECTIVES

• Understand arbitration as an ADR option
• Understand the history, law and practice of arbitration
• Compare arbitration 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

Course offered (semester)

Spring

Exam offered (semester)

Spring

Language of Instruction

English

Course Unit Level

Master level

Access to the Course Unit

MAJUR, JUSVALG, INTL-JUS

Pre-requirements

Three years of university studies. Good written and spoken English

Recommended previous knowledge

Three years of law studies

Subject Overlap

For students who previously have taken JUS283-2-A and/or 283-2-B the overlap is 100%. Otherwise: None.

Teaching Methods

The course will include lectures and discussions, with special emphasis placed on arbitration simulations.

• One: Introduction: What is arbitration?

Overview of the process and related arbitration law

• Two: Approaches to Dispute

Resolution and comparison of litigation to the Arbitration Process

• Three: Arbitration Agreements continued

Arbitrators´ Rights and Responsibilities and Process and Jurisdiction of Arbitration Tribunals and Arbitration agreements

• Four: Legal principles and current issues,

Arbitration awards and Judicial Review

• Five: Arbitration Proceedings - Focal Points of the Arbitration Process

Pre-arbitration consideration and simulations

• Six: Pre-hearing Advocacy and simulations

• Seven: Advocacy during arbitration hearing and simulations

Post Hearing Advocacy and simulations

• Eight: International Commercial Arbitration and International Arbitration Options

• Nine: International Investment Treaties

WTO, NAFTA, ASEAN, European Union

UNCITRAL, ICSID

International Investment Treaties Continued

Arbitrator misconduct, Conflict of Interest and Ethics

• Ten: Summary Conclusion and Review

Compulsory Requirements

None

Assessment methods

Exam only in semesters with teaching.

• A final written examination consisting of one or more essay questions (4 hours).
• A journal of of 3300 words maximum describing an understanding and evaluating their experience in class and from their involvement in arbitration simulations.

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

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Students who have previously fulfilled the attendance requirements and who have submitted and received a pass grade for their journals, may resit the final exam the following teaching semester (i.e. the following spring). New attendance or a new journal will not be required.

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.

Grading Scale

A - E for passed, F for failed

Place of Teaching

Law faculty, Bergen

Course Unit Evaluation

According to routines for course evaluation at the faculty

Contact Information

Kursansvarlig: Professor Larry Bakken

Administrativt ansvarlig: elective-courses@jurfa.uib.no