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.
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. 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. 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. Stavros Brekoulakis, Professor Dr Stavros Brekoulakis, Professor in International Arbitration Law, Queen Mary University of London & Member of 3 Verulam Buildings (Grayʼs Inn)
London has been traditionally one of the most important, and arguably the most popular, arbitration centre worldwide, with more than 5,000 arbitration cases being recorded annually. This course examines the fundamental theoretical concepts and legal framework for international commercial arbitration in the UK. While attention is focused on UK arbitration law and practice, discussion will include comparative references to other major arbitration jurisdictions as well as international arbitration instruments, including the 1958 New York Convention, and arbitration rules of the major arbitration institutions.
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. Emmanuel Gaillard, Visiting Professor at Yale Law School and Harvard Law School; Chair of Shearman&Sterling international arbitration practice; Chair of the International Arbitration Institute
In recent years the number of investment disputes has risen dramatically and ICSID is the international arbitration mechanism par excellence in this field. Acquaintance with the regime and case law of ICSID arbitration has now become indispensable for anyone seeking to have a full picture of arbitration.
Prof. Eduardo Silva Romero, Partner, Dechert LLP; former Deputy Secretary General, ICC International Court of Arbitration; Professor at Rosario University in Bogotá; Lecturer at Sciences Po Paris
The increasing number of arbitrations involving Latin American parties has raised many important issues in respect of the development and clarification of investment and commercial arbitration. This course will identify the specificities and similarities of arbitration in Latin America compared to the general transnational trends.
Prof. Sophie Lemaire, Full Professor, Université Paris-Dauphine PSL
French arbitration law is among the most important frameworks for international commercial arbitration today because Paris is a leading place for international arbitration. Moreover, it is one of the key factors that have shaped the world of arbitration as we know it today. This course introduces the students to that French heritage and discusses today’s international commercial arbitration law and practice in France.
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. 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.
Further intensive courses will be included at a later stage.