学部・大学院区分		法・博前

時間割コード		2302480

科目区分		法学研究科開講科目 Courses Offered by the Graduate School of Law

科目名　【日本語】		特別講義・演習（比較私法研究Ⅰ）

科目名　【英語】		Special Lecture and Seminar (Studies in Comparative private law Ⅰ)

担当教員　【日本語】		COLOMBO Giorgio Fabio ○

担当教員　【英語】		COLOMBO Giorgio Fabio ○

単位数		2

開講期・開講時間帯		春木曜日４時限 Spring Thu 4

対象学年		１年 1

授業形態		演習 Lecture

授業の目的　【日本語】

授業の目的　【英語】

International commercial arbitration is becoming more and more important in the field of cross-border disputed resolution. While most advanced nations already are already familiar with arbitration, there is a growing demand of expertise in this field from recent developing countries. The regulatory framework in the world is moving towards a “globalized” arbitration: there is widespread acceptance of international models as base for legislation (e.g. the UNCITRAL Model Law on International Commercial Arbitration) and the circulation of awards is made smoother by effective international instruments (e.g. the 1958 New York Convention of the recognition and enforcement of foreign arbitral awards), However, many countries are lagging back in term of effective appliance of those international tools: national resistances (both legislative, judicial and political) and the lack of arbitration theoretical and practical expertise among legislators, judges and professional operators is jeopardizing an effective and homogeneous success of arbitration all over the world. One tool to subvert this situation is trying to provide law students with a strong basis of notions in this field. This seminar focuses on both theoretical and practical issues in arbitration, covering a wide spectrum of subjects in order to provide a comprehensive picture of what international arbitration is.

到達目標　【日本語】

到達目標　【英語】

The aim of the seminar is to provide students with effective knowledge of international commercial arbitration. First, a general overview of the subject will be presented, in order to allow everybody to have a common frame of reference. Then, each single phase of the procedure will be analyzed in detail, from the arbitration agreement to the recognition and enforcement of the award. To better understand the interaction between theoretical and normative framework and practical problems, students will have to read and comment also on materials taken from actual cases. After the end of the seminar, students should have acquired a good knowledge of, inter alia, the UNICTRAL Model Law, the New York Convention and the main problems and issues which are currently debated among arbitration scholars and practitioners.

授業の内容や構成

Lecture / Theme / Lecture Course Description / Learning outside the class / Related page

1
1. Introduction to the seminar
a. Layout of the seminar b. Short explanation of the lecture plan c. Introduction to the readings d. Explanation about evaluation procedure e. Self-introduction f. Learning expectations
Lesson 1.pptx

2
2. What is International Commercial Arbitration?
a. General definition b. “International” c. “Commercial” d. Key elements of arbitration e. Main features f. Advantages and disadvantages g. Arbitration and litigation h. Arbitration and conciliation i. Arbitration = ADR? j. Sources of international commercial arbitration
Lesson 2-3.pptx

3
3. Types of Arbitration
a. Institutional (administered) arbitration b. Ad hoc arbitration c. Arbitration according to the law/ex aequo et bono d. Arbitration involving States e. Arbitral institutions

4
4. Arbitration Agreements
a. Arbitration agreements and submission agreements b. Requirements for validity… c. …in writing d. …existing or future disputes, in respect of a defined legal relationship e. …subject matter is capable of settlement by arbitration f. Arbitrability g. Separability of the clause h. Multi-party arbitration i. Multi-tiered and finger-point agreements j. Defective clauses
Lesson 4.pptx

5
5. Applicable laws
a. Law applicable to the Arbitration agreement b. Law applicable to the Arbitration procedure c. Law applicable to the merits d. State law/Soft law e. Different approaches to applicable law
Lesson 5.pptx

6
6. The Arbitration Tribunal and the Arbitrator
a. Appointment of Arbitrators b. Qualities of the Arbitrators c. Validity of Special Requirements d. Powers of the Tribunal (incl. Kompetenz kompetenz)
Lesson 6.pptx

7
Mid-term test
Learning assessment

8
8. Independence, Neutrality and Impartiality
a. Independence b. Neutrality c. Impartiality d. Challenge and Replacement of Arbitrators e. IBA Guidelines
Lesson 8.pptx

9
9. The procedure
a. How to start and arbitration b. Written submissions c. Evidentiary matters d. Hearings e. Professional Ethics in International Arbitration
Lesson 9.pptx

10
10. Arbitration and the Courts
a. Enforcing the clause, jurisdiction b. Interim measures c. Witnesses, evidence
Lesson 10.pptx

11
11. The Award
a. Formal requirements b. Structure of the Award c. Orders, Interim Awards, Final Awards
Lesson 11.pptx

12
12. Enforcing and Challenging an Arbitral Award
a. New York Convention b. Refusal to recognize and enforces: reasons c. Ground for Challenge
Lesson 12.pptx

13
Final remarks
Discussion about otustanding topics

14
Final test
Learning Assessment

15
Feedback Session
Wrap-up discussion about learning outcomes

履修条件・関連する科目

Good command of English language (reading, speaking, and writing) is required. A basic knowledge of private international law and civil procedure is recommended.

成績評価の方法と基準

Attendance and participation 30% Mid term test 30% Final test 40% Students may improve their evaluation by submitting a short research paper. Details are to be agreed upon with the instructor

教科書・テキスト

Due to the peculiar nature of the seminar, there is no need of a general textbook for students. Lessons will be based on specifically created Power Point presentations. Also, copies of some relevant readings will be distributed to students on a regular basis, via the online syllabus system. However, as a support textbook, students may want to use N. Blackaby, C. Partasides (with Alan Redfern and Martin Hunter), Redfern and Hunter on International Arbitration – Student version, Oxford, Oxford University Press, 5th edition, 2009.

参考書

In addition to the materials mentioned under “Textbooks” above, other handouts and reading materials will be will be distributed to students via the online syllabus system. A preliminary list will be distributed during the first class

課外学習等（授業時間外学習の指示）

*In case of absence, please contact the instructor by e-mail to get class notes.

注意事項

Due to COVID-19 containment measures, all classes for the 2020 Spring Semester will be held online on the NUCT platform.

授業開講形態等

遠隔授業（オンデマンド型）で行う場合の追加措置