课程介绍:
INTERNATIONAL COMMERCIAL ARBITRATION
June
24-27, 2013
PROFESSOR MARGARET
MOSES
E-mail:
mmoses1@luc.edu
REQUIRED
MATERIALS
Moses, INTERNATIONAL COMMERCIAL ARBITRATION:
PRINCIPLES AND PRACTICE, Second Edition
(Cambridge 2012
)
TENTATIVE SYLLABUS
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1. Monday, June 24
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Chapter 1: Introduction
to International Commercial
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Arbitration;
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Chapter 2: The
Arbitration Agreement
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Chapter 1 –
Introduction to International Commercial Arbitration
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What is the relationship between international treaties, international
arbitration practice, national laws, and arbitration rules?
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What are the differences between institutional arbitration and ad
hoc arbitration? Discussion Question – What are the advantages and disadvantages
of arbitration?
Chapter 2 – The Arbitration
Agreement
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What is the difference between submission agreements and arbitration
clauses?
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What is the doctrine of separability?
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What are some examples of subject matters that are not arbitrable?
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How do the courts treat nonsignatories in relation to an arbitration
agreement?
Discussion Question – The New York Convention requires
that arbitration agreements be in writing to be valid. However, many countries
and jurisdictions will recognize contracts that are made orally. Should the New
York Convention recognize oral arbitration agreements as valid if they are valid
in the country where they were made?