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课程

Critical Thinking

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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
1. Monday, June 24 Chapter 1: Introduction to International Commercial

Arbitration;

Chapter 2: The Arbitration Agreement

Chapter 1 – Introduction to International Commercial Arbitration
  1. What is the relationship between international treaties, international arbitration practice, national laws, and arbitration rules?
  1. 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
  1. What is the difference between submission agreements and arbitration clauses?
  1. What is the doctrine of separability?
  1. What are some examples of subject matters that are not arbitrable?
  1. 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?