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
The course will include lectures and discussions, with special emphasis placed on arbitration simulations.
Overview of the process and related arbitration law
Resolution and comparison of litigation to the Arbitration Process
Arbitrators´ Rights and Responsibilities and Process and Jurisdiction of Arbitration Tribunals and Arbitration agreements
Arbitration awards and Judicial Review
Pre-arbitration consideration and simulations
Post Hearing Advocacy and simulations
WTO, NAFTA, ASEAN, European Union
UNCITRAL, ICSID
International Investment Treaties Continued
Arbitrator misconduct, Conflict of Interest and Ethics
Exam only in semesters with teaching.
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:
Kursansvarlig: Professor Larry Bakken
Administrativt ansvarlig: elective-courses@jurfa.uib.no