JUS5852 - International Commercial Arbitration
Course content
The course is an introduction to one of the most important methods of resolving commercial or investment disputes.
Most commercial contracts, whether domestic or international, contain an arbitration clause. This means that disputes arising out of these contracts will have to be submitted to an arbitral tribunal, and courts of law will not have jurisdiction. In the past decades arbitration has become increasingly important also in the absence of a specific arbitration agreement between the parties: in so-called investment disputes, where a foreign investor claims that the host country has violated certain public international law principles protecting foreign investment, the claim may be brought before an international arbitral tribunal.
There are numerous similarities, but also important differences, between commercial arbitration and investment arbitration. The course gives an overview of the legal framework, the function and the structure of both forms of arbitration. Domestic legislation on arbitration is, in many countries (including also Norway), based on international sources and does not distinguish between domestic or international arbitration. The study of the legal framework for international arbitration, therefore, is relevant also to internal, purely domestic arbitration.
Learning outcome
On completion of this course, the student should be able to:
- Understand the complex legal framework applicable to arbitration – whether domestic, international commercial, or investment arbitration;
- Understand the principal features of an arbitral procedure;
- Understand the relationship between international sources of law and domestic law in respect of the arbitration agreement, the arbitral procedure and arbitral award;
- Understand the relationship between the parties’ will and the applicable law in all phases of arbitration;
- Structure and conduct an arbitral proceeding.
Admission
Id does not exist in shared textYou may register for this course if you have admission to a Master’s programme at UiO or the faculty's exchange programme. You can also register for this course if you do not have admission to any programme at UiO, but meet the formal prerequistites.
All students are required meet the formal prerequistites.
Have you met the formal prerequisites at another institution than the University of Oslo, and the results are not formally registered at UiO, you must apply for admission to courses at Master’s level . Students with admission to Master’s degree programmes at other faculties than The Faculty of Law must also apply for admission.
When your admission is in order you must register for courses in StudentWeb
Id does not exist in shared textPrerequisites
Formal prerequisite knowledge
Students must fill one of these requirements:
- Passed 1st - 3rd year of studies in Master's of Law (masterstudiet i rettsvitenskap at UiO) or examinations that qualify for exemption from these) or
- Having a 5-years Master’s degree in Laws (masterstudiet i rettsvitenskap at UiO) or equivalent.
Students with admission to the faculty’s exchange programme and students with admission to any master’s degree programme at the University of Oslo (except masterstudiet i rettsvitenskap) has an exemption from the formal prerequisites.
Teaching
Seven lectures and three Mock Case Sessions.
Language of teaching for this course is English. This means that all
communication during lectures/seminars will be in English, and all
literature and auxiliary materials are in English.
Access to teaching
A student who has completed compulsory instruction and coursework and has had these approved, is not entitled to repeat that instruction and coursework. A student who has been admitted to a course, but who has not completed compulsory instruction and coursework or had these approved, is entitled to repeat that instruction and coursework, depending on available capacity.
Examination
Written exam, 4 hours
Examination support material
Id does not exist in shared textRegulations for support materials permitted at examination for courses taught in English . Please read all three chapters.
Language of examination
Id does not exist in shared textThe language of examination for this course is English. This means
that the examination question will be given in English, and students
may answer in English only.
Grading scale
Grades are awarded on a scale from A to F, where A is the best grade and F is a fail. Read more about the grading system.
Explanations and appeals
You may request an explanation of your grades, and you may also appeal against your grades or make a complaint about formal examination errors. Read more about explanations and appeals.
Resit an examination
You can usually resit an exam, but the conditions depend on whether you had a valid reason for absence from the regular exam. Read more about resitting an exam.
Withdrawal from an examination
Id does not exist in shared textA student can sit for this exam up to 3 times. If a student wishes to withdraw from the exam, s/he must do this in StudentWeb at least
two weeks prior to the first day of the exam. Failure to do so will be counted as one of the three opportunities to sit for the exam.
A study programme may have rules that further limit the number of times a student may re-take this exam. In such instances the rules of the study programme will have priority.
Special examination arrangements
If you have a disability or a health problem that entails significant inconvenience in an examination situation, you may be considered for special examination arrangements. Mothers who are breastfeeding may apply for extra time to complete the exam.
Evaluation
Feedback from our students is essential to us in our efforts to ensure and further improve the high quality of our programmes and courses. All courses are subject to continuous evaluation. At regular intervals we also ask students on a particular course to participate in a more comprehensive, periodic evaluation of this course.
Other
The language for this course is English. Students enrolled in the
Masterprogrammet i rettsvitenskap must pass one
English subject as part of their degree, this course will meet these
obligations.