Prof. Albert Jan van den Berg, Emeritus Professor of Law, Erasmus University, Rotterdam; Visiting Professor Georgetown Law School, Washington DC and Tsinghua School of Law, Beijing; Partner, Hanotiau & van den Berg
The New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards is the single most important legal text in international commercial arbitration, as it defines the international currency of international arbitration agreements and arbitral awards. Students taking the New York Convention of 1958 course obtain a unique insight into the application of the Convention and into the great challenges it faces to keep current with the world of arbitration as it has evolved since 1958. Indeed, since the publication in 1981 of his classical treatise “The New York Convention of 1958: Towards a Uniform Judicial Interpretation”, Professor Albert Jan van den Berg has been widely recognized as the worldwide expert on the topic. See also his website: www.newyorkconvention.org
Prof. Pierre Tercier, Honorary Chairman, ICC International Court of Arbitration; Emeritus Professor, University of Fribourg
The International Court of Arbitration of the ICC is one of the most important and best known institutions of arbitration. Its unique set of procedures has been applied to more than 23’000 disputes since their adoption. Students taking ICC Arbitration are offered a practical overview of the ICC arbitration process and its specificities. This course runs for 18 hours, and culminates in a two-day visit at the premises of the ICC in Paris.
Prof. George A. Bermann, Walter Gellhorn Professor and Jean Monnet Professor, Columbia Law School
For some time, it has been assumed in European circles that international commercial arbitration was adequately regulated by the fundamental text, the 1958 New York Convention. But a number of circumstances have come together – a growing awareness that important EU claims are being decided in arbitral rather than judicial fora, a dramatic heightening of EU activity in private international law generally, debate over the use of antisuit injunctions in the international arbitration field, and imperfections of the New York Convention itself – have come together to put international commercial arbitration suddenly in the EU spotlight. This course examines these developments and their prospects.
Prof. Gabrielle Kaufmann-Kohler, Professor Emerita, University of Geneva; Partner, Lévy Kaufmann-Kohler
Multiple proceedings dealing with the same or closely related disputes are increasingly frequent in commercial and investment arbitration. This course reviews the causes for such increase (more legal bases to bring claims, more actors involved in economic transactions, more available fora); whether multiple proceedings are to be favored or discouraged policywise; and the legal tools to manage the multiplicity, both existing and prospective.
Prof. William W. Park, Boston University; Honorary-Vice President, LCIA
Students taking Arbitration in the United States have the opportunity to participate in analytical discussions of the law and practice of international arbitration from a comparative perspective. Beyond offering a critical insight into the American approach to arbitration, this course will shed new light on broader issues of dispute resolution through engaging in interactions with Professor Park.
Prof. Maximin de Fontmichel,Director, Master in International Arbitration and Business Law, University of Versailles -Paris Saclay
The French arbitration law, tradition and culture are not only among the most important frameworks for international commercial arbitration today because Paris is a leading place for international arbitration; they are also among the intellectual factors that most profoundly shaped the world of arbitration as we know it today. As French arbitration law still inspires new legal frameworks and is being used by practitioners throughout the world, this course introduces the students to that French heritage, from the rules governing the arbitral agreement to the rules applicable to the arbitral award, and discusses today’s international commercial arbitration law and practice in France.
Mr. Brooks W. Daly, Deputy Secretary-General and Principal Legal Counsel, Permanent Court of Arbitration
While arbitration is most often thought of as an alternative to litigation in national courts, the PCA was founded in 1899 to provide an alternative to war. From its beginnings in the settlement of interstate disputes to its diverse modern activity, this course examines how the PCA has contributed to, and been transformed by, the dispute settlement needs of the international community.
Prof. Sébastien Besson, Professor, University of Neuchâtel; Partner, Lévy Kaufmann-Kohler
The arbitration agreement is the cornerstone of international commercial arbitration. It raises many issues that in part receive divergent answers under different arbitration laws. This course explores these issues in depth. Including the notion of separability of the arbitration agreement and the principle of competence-competence that play a fundamental role in the theory and practice of international commercial arbitration.
Prof. Jane Willems, Associate Director, IADS International Arbitration and Dispute Settlement Program and Associate Professor, Tsinghua University
This course introduces the trends and fundamental legal concepts underlying domestic and international commercial arbitration in Mainland China. It starts with the legal framework and the institutional organizations active in the field. It then turns, relying on a comparative approach of arbitral and judicial practice, to the main characteristics of Chinese commercial arbitration underlying (i) the enforcement of agreements for arbitration with a seat in Mainland China; (ii) the commencement and conduct of arbitration proceedings in Mainland China; and (iii) recourse against arbitral awards rendered in Mainland China as well as enforcement of Chinese and foreign arbitral awards.
Prof. Makane M. Mbengue, Professor, University of Geneva; Affiliate Professor, Sciences Po Paris (School of Law)
African states have contributed significantly to the development of international investment law but also to the development of dispute settlement mechanisms dealing with investment disputes. This course aims at analysing the participation of African states in the shaping of universal mechanisms such as ICSID in particular. It will also show how specific procedures for the settlement of investment disputes have been put in place within the African continent, for instance through African regional courts and at the level of the Organisation for the Harmonization of Business Law in Africa (OHADA). Last but not least, the course will emphasise on-going reforms and proposals in Africa with respect to investment arbitration.
Dr. Michele Potestà, Counsel, Lévy Kaufmann-Kohler; Senior Researcher, CIDS
Ms. Ann Catherine Kettlewell, Legal Counsel, International Centre for Settlement of Investment Disputes (ICSID)
How does an investment arbitration proceeding unfold in practice? This intensive course will walk students through the main steps and phases of an investment arbitration proceeding, seen from the various viewpoints of parties, counsel, tribunal, tribunal secretaries, arbitral institution, and other actors (e.g., non-disputing parties). The course includes a practical exercise centered on an investment mock case, which will allow students to train their writing and oral skills and better understand and anticipate procedural steps in an arbitration.
Prof. Laurent Aynès, Professor, University of Paris I, Panthéon-Sorbonne
Every dispute giving rise to a commercial arbitration arises out of a contract and calls for the tribunal to apply and interpret such contract. How do arbitrators deal with contract issues? Taught by a foremost contract law academic with significant arbitration experience, this course reviews topics that are recurrent before arbitral tribunals, including interpretation, default and termination, liability, waivers and limitations of liability, force majeure and changed circumstances, and damages.
Prof. Gabrielle Marceau, Geneva University; Senior Counselor, WTO Legal Affairs Division
This course focuses on how the dispute settlement mechanisms of the WTO operate from a legal, political and diplomatic perspective. By placing the WTO in the broad institutional context of international economic relations, the students will consider how WTO panelists, and members of the Appellate Body, have propelled the WTO dispute settlement system to become one of the most effective international litigation mechanisms until very recently when it came under attack by some WTO Members. In reviewing the procedural steps of actual disputes, including the use of experts, the retaliation stage, and eventual mutually agreed solutions routes, together with a focus on recent calls for WTO reforms and alternative means of settling dispute other than through adjudication, the students will be able to better understand how States and other international actors can address international economic tensions resulting from societal choices, while pursuing the WTO goals of both fighting against illegitimate protectionism and protecting legitimate public policy objectives.
Prof. Jan Kleinheisterkamp, Associate Professor of Law, London School of Economics
Whether arbitration is understood as a mere creature of contract or part of international justice, the notion of public policy is crucial for arbitration’s efficiency and legitimacy as a safeguard of public interests in private dispute settlement. This course focuses on how arbitrability, internationally mandatory rules and public policy exceptions fit together both in theory and practice and explores concepts such as transnational public policy as a limit to parties’ autonomy.
Prof. Antonio Rigozzi, Professor, University of Neuchâtel; Partner, Lévy Kaufmann-Kohler
Switzerland hosts most major international sports federations and organizations, including the International Olympic Committee and the Court of Arbitration for Sport (CAS), which acts as the world’s highest sports tribunal for most kinds of disputes between athletes/clubs and sports governing bodies. CAS also administers commercial arbitrations in sports matters and a specific arbitration procedure for the Olympic Games and Anti-Doping Disputes. Students taking SportsArbitration are introduced to these different procedures and have the opportunity to discuss their specificity, including the impact on the rights of athletes.