|Reading Seminar on Conflict of Laws [International Arbitration and Conflict of Laws]|
Whereas international arbitration has been used more often than before for international civil and commercial disputes, it is not easy to understand conflict-of-laws issues with regard to arbitration, which are considerably complicated and require basic knowledge on conflict of laws (private international law).
We will deal with these complicated issues by reading and discussing a lecture on this topic given by Prof. Bermann in the Hague Academy of International Law.
Students are expected to make a short presentation for 15-20 minutes with a brief handout, including a short summary of the case, essence of comments and their own reflections. After the presentations, we will discuss them.
|The objective of this reading seminar is that participants will understand the conflict-of-laws issues with regard to international arbitration and possible solutions.|
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International commercial arbitration as a private international law enterprise (pp. 53-91)
Arbitral jurisdiction and the arbitration agreement (pp 92-130)
Choice of law governing the arbitration agreement (pp. 131-176)
The lex arbitri and the arbitral seat (pp. 177-216)
Parallel litigation and arbitration (pp. 217-252)
Choice of substantive law (pp. 253-300)
Limits to party autonomy in choice of law (pp. 301- 333)
The award (pp. 334-375)
Annulment of awards (pp. 376-420)
Recognition and enforcement of arbitral awards (pp. 421-478)
|Presentations and discussions during sessions (70%) + final report (30%)|
|George A. Bermann, “International Arbitration and Private International Law”, Collected Courses of the Hague Academy of International Law , Vol. 381 (2017)|
|The references will be presented in the first session.|
|The participants are requested to read the materials before the class.|
|Due to the corona virus, this seminar will be held online. Please register this course and check the announcements.|
There will be no session on July 15 due to the oral defense for master thesis.