INTERNATIONAL COMMERCIAL ARBITRATION
Fall Term 1995
Tibor Varady
Department of Legal Studies
CENTRAL EUROPEAN UNIVERSITY





Course Description

CHAPTER I
INTRODUCTION

I.1. Approaches to Dispute Resolution.
a/ Between Witchcraft and litigation.
b/ Arbitration and Related Dispute-Settling Devices.

I.2. The Standing of Arbitration within the Legal System.

I.3. On the Sources of Relevant Norms.
I.3.a. Note.
I.3.b. Party stipulation versus institutional rules.
I.3.c. Party stipulation versus state norms.

CHAPTER II
ON THE AUTHORITY OF ARBITRATION TRIBUNALS

II.1. The Arbitration Agreement as the Cornerstone of the Arbitration Process

II.l.a. Note.
II.l.b. The range and the limits of the arbitration agreement.
II.l.c. The separability concept and its implications.
II.l.d. Imperfections in the arbitration agreement.
II.l.e. Drafting advises.

II.2. Arbitrability
II.2.a. Note.
II.2.b. Statutory definitions of arbitrability.
II.2.c. Arbitrability tested in arbitral and court practice

CHAPTER III
THE ARBITRATORS

III.1. The arbitrators - Qualifications and Disqualifying... Circumstances
III.l.a. Note.
III.l.b. Oath and fear of gods as safeguards of impartiality.
III.l.c. The selection of ICC arbitrators and the requirement of independence.
III.l.d. Neutrality, impartiality, independence.
III.l.e. Professional qualifications.

III.2. Challenges
III.2.a. Introduction.
III.2.b. Three cases.

III.3. Appointment and Appointing Authorities
III.3.a. On appointing authorities in international commercial arbitration.
III.3.b. An appointing authority which ceased to exist.

CHAPTER IV
FOCAL POINTS IN THE ARBITRATION PROCESS

IV.1. Selected Elements of Procedure Before Arbitration Tribunals
IV.l.a. Note.
IV.l.b. A prologue devoted to speed.
IV.l.c. Party discretion, discretion of the arbitrators, and due process.
IV.l.d. Terms of reference.
IV.l.e. Hearing and written proceedings.
IV.l.f. The language.
IV.l.g. Experts.

IV.2. The Award
IV.2.a Institutional and statutory rules.
IV.2.b An award written by somebody else.

IV.3. Choice of Law Issues Before the Arbitrators
IV.3.a. Note.
IV.3.b.The prevailing concept regarding the applicable substantive law.
IV.3.c. Three cases.
IV.3.d. Mandatory norms.

IV.4. Provisional Measures in Connection with a Case Submitted to Arbitration
IV.4.a. Note.
IV.4.b. Dilemmas regarding the compatibility of court-ordered provisional measures with the arbitration process.
IV.4.c. The ICC "refere" proceedings.

IV.5. Costs
IV.5.a. Principles and numbers.
IV.5.b Costs and the validity of the arbitration agreement.

CHAPTER V
THE EFFECTS AND CONFINES OF AWARDS RENDERED IN INTERNATIONAL COMMERCIAL ARBITRATION

V.1. Deposit, Confirmation, and Merger into Judgment
V.l.a. Note.
V.l.b. A comparative survey.
V.l.c. Confirmation and/or conversion.

V.2. Res iudicata, and Litispendence
V.2.a. Note.
V.2.b. Concurrent proceedings.
V.2.c. Binding awards, and awards producing only obligatory effects.
V.2.d. Intertwining.
V.2.e. Res judicata effects of a partial award.
V.2.f. Res judicata consequences of an award without binding effects.

V.3. Court Control over the Award: Setting Aside and Recognition
V.3.a. Judicial control in the country where the award is considered to be domestic: setting aside.
V.3.b. The relevance of setting aside in recognition proceedings.
V.3.c. Recognition of foreign awards under the New York Convention - an
introductory case.
V.3.d. Procedural grounds for refusal of recognition under the New York
Convention.
V.3.e. Decisions on the merits within the framework of the New York Convention.



CRC-Curriculum Resource Center
CEU Budapest, Hungary
Modified: April, 1996


Var_ComArbit.F95Leg.v2



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