JUS5852 - International Commercial Arbitration
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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 outcomes
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
Students who are admitted to study programmes at UiO must each semester register which courses and exams
they wish to sign up for by registering a study plan in StudentWeb.
You may register for this course if you have admission to a Master of Law-programme at UiO, the faculty's exchange-programme or have admission to Law-electives at masters-level. All applicants must fill the formal prerequisites.
International applicants, if you are not already enrolled as a student at UiO, please see our information about admission requirements and procedures for international applicants
Prerequisites
Formal prerequisites
Students must fill one of these requirements:
- Passed 1st - 3rd year of studies in Master's of Law (or examinations that qualify for exemption from these) or
- Passed Part I and II of the obligatory section of the 1996 variety of the Cand. Jur studies (or examinations that qualify for exemption from these) or
- Admission to a study programme at Master's level at the University of Oslo or
- Having a law degree or equivalent or
- Being an exchange student attached to the faculty
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.
Teaching takes place throughout the semester.
Criteria for access to teaching resources
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, contingent on available capacity.
Exam information
Written exam, 4 hours
Exam resources
Auxiliary materials allowed during examinations for courses taught in English.
Language of examination
The 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.
Assessment and grading
Course grades are awarded on a descending scale using alphabetic grades from A to E for passes and F for fail. Read more about the grading system .
Explanations and appeals
Students can request an explanation of their grades, and can also appeal against their grades or make a complaint about formal examination errors. Read more about explanations and appeals
Possibility of make-up exams and re-takes
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 .
Withdrawing from exams and limits on re-takes
A 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.
Exam options for students with special needs
Students may apply for access to alternative exam resources or exam forms on the basis of chronic illness and/or special needs that create a marked disadvantage to other students in the exam situation. Mothers who are breastfeeding may apply for extra time to complete the exam.
Evaluation of this course
Feedback from our students is essential to us in our efforts to ensure and further improve the high quality of our programmes and courses. As a student at the University of Oslo you will therefore be asked to participate in various types of evaluation of our courses, facilities and services. All courses are subject to continuous evaluation. At regular intervals we also ask students on a particular course to participate in a more comprehensive, in-depth evaluation of this course, a so called "periodic evaluation".
Other information
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.
Contact us
The Faculty of Law
Visiting address:
Urbygningen, Karl Johans gate 47
Visiting hours:
15 Sept -14 May: 09.30 a.m.-15.45 p.m., 15. May -14 Sept:
9.30 a.m.-15 p.m.
Postal address:
P.O. Box 6706 St. Olavs plass
N - 0130 Oslo, Norway
Fax: +47 22 85 96 58
E-mail: info@jus.uio.no
Web: www.jus.uio.no/english/