Worldwide Legislation in Motion: the Arbitration of Worldwide Disputes

About this Course

‘The Arbitration of Worldwide Disputes’ is the third course of Leiden College’s sequence on Worldwide Legislation in Motion. The primary course coated generalities on the worldwide courts and tribunals in The Hague, whereas the second course supplied an insider’s perspective into the work of worldwide legal courts and tribunals. This third course explores the foremost features of worldwide arbitration as probably the most widespread methodology of worldwide dispute settlement . Via this course you’ll achieve an in-depth understanding of the assorted aspects of worldwide arbitration by way of the evaluation of its function as a mechanism of dispute settlement, its establishments, the fields of legislation it’s relevant to, and, in fact, its most well-known awards.

The principle query we are going to reply collectively throughout this course is “Can worldwide arbitration contribute to the creation of a peaceable world by way of the settlement of disputes between States and between States and non-State actors?” So as to take action, we are going to study the essential historic ideas or arbitration, in addition to all the pieces there’s to know in regards to the Everlasting Courtroom of Arbitration, primarily based in The Hague. We are going to then dive into the function of worldwide arbitration in settling disputes referring to the Legislation of the Sea, with a selected perception into the landmark South China Sea Arbitration. For a complete module, we are going to deal with funding arbitration, its rules and the process of the ICSID, the Worldwide Centre for Settlement of Funding Disputes. We are going to conclude the course with a module on the interaction between state immunity and enforcement of arbitral awards. This is dropped at gentle by way of the Yukos Arbitration which is an ideal illustration of the subject. This course affords you a chance to achieve a greater perception into worldwide arbitration, its function and the present points referring to it. You’ll achieve in-depth information of the rules and guidelines of arbitration. You’ll discover the subject by way of concrete examples and essentially the most distinguished arbitrations. Additionally, you will grasp the notion of worldwide arbitration navigating between legislation and politics. Worldwide arbitration and The Hague go hand in hand: a number of key arbitration institutes are situated in The Hague and essential disputes had been settled right here by way of arbitration. The Hague is, so to talk, ‘the place to be for worldwide arbitration’, particularly once we are coping with arbitration between States, or arbitration of funding disputes between overseas buyers and States. Be part of us for the course and grow to be an professional on worldwide arbitration! This course is free to hitch and to take part in. There may be the chance to get a verified certificates for the course, which is a paid choice. If you would like a certificates, however are unable to pay for it, you’ll be able to request monetary assist by way of Coursera.

Syllabus – What you’ll study from this course

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WEEK

1

1 hour to finish

Welcome to the course

Welcome ! Earlier than you begin we invite you to first undergo our introduction module and introduce your self within the discussion board to satisfy your fellow learners. Should you encounter any difficulties whereas learning, please tell us within the discussion board. For technical difficulties or questions relating to the course certificates, you’ll be able to all the time contact the Coursera Learner Heart. Good luck & we hope you’ll get pleasure from this course.

3 hours to finish

The Historical past and Normal Rules of Worldwide Arbitration

Have you ever learn all the ideas for learning on-line? Are you able to delve into the world of dispute settlement by way of worldwide arbitration? This week, you’ll study the historical past of worldwide arbitration and the overall rules of worldwide arbitration. We can even focus on the work of the Everlasting Courtroom of Arbitration and its function as administrator of arbitrations.

WEEK

2

2 hours to finish

Arbitration and the Legislation of the Sea

This week will discover the function of worldwide arbitration in settling disputes between States below the 1982 Legislation of the Sea Conference (UNCLOS). Why do States select arbitration to settle their disputes relating to the legislation of the ocean? To reply this query, we are going to examine how arbitration matches into the advanced dispute settlement structure of UNCLOS, and focus on the choice given to States events to decide on both arbitration or settlement by way of adjudication earlier than the Worldwide Courtroom of Justice or the Worldwide Tribunal for the Legislation of the Sea. We are going to conclude this week with an evaluation of the well-known dispute between the Philippines and China in relation to the events’ maritime entitlements within the South China Sea. Via this case, you’ll learn the way arbitration navigates between legislation and politics.

WEEK

3

2 hours to finish

Funding Arbitration

Do you keep in mind, from the primary week, the several types of events to a dispute? What makes an arbitration ‘blended’? This week, we are going to deal with funding treaty arbitration, essentially the most notable instance of arbitration between States and non-State actors. I’ll introduce you to the principle rules of funding treaty arbitration, and the process on the Worldwide Centre for Settlement of Funding Disputes (ICSID).

WEEK

4

3 hours to finish

State Immunity and the Enforcement & Validity of Worldwide Arbitral Choice

What occurs after an arbitral award has been rendered? Can an award be invalidated? How are arbitral awards enforced? This week, we are going to see how a ‘legitimate’ determination will be rendered and what the events who’re dissatisfied with a call can or can not do. Extra particularly, you’ll study in regards to the aftermath of the Yukos Arbitration, an funding arbitration that completely illustrates the interaction between state immunity and the enforcement of arbitral awards.