Law in Action in Arbitration

Recommended Prerequisites

Business Law/Civil Procedure.

Teaching Methods

Methodology: The teacher will lecture on the subject matters, and the students will be invited to get into the discussion by presenting on each subject a short speech which they have prepared in advance. For their preparation, the teacher will previously provide the students with court decisions, foreign and Portuguese laws and some cases.

Learning Outcomes

Purposes:
a)    Analysis of national and international commercial arbitration issues that were not studied in depth during the 1st and 2nd Graduate Cycle;
b)    Knowledge of the national and international law on arbitration as well as on some of the most frequently used arbitration rules;
c)    Analysis of arbitral courts decisions in order to identify its particularities  as  law in action.

Competencies:
a)     A solid grasp of the current national and international commercial arbitration issues;
b)    Knowledge about practical subjects;
c)    A wide view on the subject matters that will allow students to prepare a PhD Dissertation concerning matters which are not so often studied or not studied at all, thereby stimulating a rigorous investigation and analysis on this specific field;
d)    A critical view on the way the Portuguese and International Law deals with some problems, so as to suggest alternative ways.

Work Placement(s)

No

Syllabus

Law in action in Arbitration

Advantages and disadvantages of national and international arbitration

Ad hoc arbitration and institutional arbitration

National and international rules

Arbitration agreement

Arbitrability

Autonomy and Kompetenz-Kompetenz

The law applicable to the substance and the law governing the arbitration

The proceedings

The Award

Challenge of arbitral awards

Recognition and enforcement of arbitral foreign awards

Complex arbtitrations.

Assessment Methods

Assessment
Evaluation: continuous evaluation, including the preparation and presentation of a written report: 100.0%