International Arbitration
UE-DDR.00525

Dozenten-innen: Göksu Tarkan
Kursus: Master
Art der Unterrichtseinheit: Vorlesung
ECTS: 5
Sprache-n: Englisch
Semester: FS-2025

In the academic year 2024/25, this course will not be streamed.

International arbitration as a special form of procedural dispute resolution is at the intersection of civil procedural law and international private law. The in-depth course covers the following topics of international arbitration:

General introduction

Scope of application, seat, arbitrability and arbitration agreement

The Arbitral Tribunal and lis pendens

Arbitral procedure and jurisdiction

Arbitral award and challenge of the award

Enforceability and recognition of foreign arbitral awards

This course is taught on the basis of Swiss law while taking into account the international relevance of the subject matter. In terms of content, the course is a continuation and deepening of the Master's courses in Civil Procedure and International Private Law. Prior attendance of the Civil Procedure Law course is recommended.


Prüfungen

The oral examination lasts 15 minutes (without preparation time). The candidates may choose whether to take the exam in German, English or French. The examination consists of questions and cases. Candidates may take along and use the following codes ("amtliche Sammlung" or uncommented text edition, German, French or English version):

- Swiss Federal Act on Private International Law (Bundesgesetz über das internationale Privatrecht, IPRG)

- Swiss Civil Procedure Code (Schweizerische Zivilprozessordnung, ZPO)

- Swiss Federal Act on the Federal Supreme Court (Bundesgerichtsgesetz, BGG)

- Convention on the Recognitionand Enforcement of Foreign Arbitral Awards, done in New York on 10 June 1958 (New Yorker Übereinkommen, NYC)


Lernziele

The participants of this course will understand the procedural principles of arbitration and in particular be able to judge in which cases the inclusion of an arbitration clause in contractual relationships is appropriate and when it is not. They have an idea of how arbitration proceedings work and are sensitised to typical arbitration law problems. They also have basic knowledge in the area of challenging arbitration awards and the enforceability and recognition of foreign arbitration awards.


Dokumentation

The most important documents, as well as the exact course dates, are available on Moodle.