Course Learning Objectives • To understand the basic practical and historical reasons for the development of international arbitration as a means of dispute resolution in international trade and foreign direct investment. • To develop a thorough knowledge of the main international instruments for the harmonisation of international arbitration worldwide. • To understand the importance of the lex arbitri and to acquire a satisfactory degree of familiarity with the provisions of several domestic/international arbitration statutes. • To become familiar with the different available types of arbitration. • To understand the fundamental principles governing the validity of arbitration agreements. • To identify scope and limits of the jurisdiction of arbitral tribunals. • To acquire the ability to draft different arbitration clauses in the presence of different scenarios. • To acquire the ability to analyse pre-drafted arbitration clauses and to identify potential difficulties. • To become acquainted with the main issues relating to the conduct of arbitration proceedings in different jurisdictions and under the arbitration rules of different arbitral institutions. • To acquire the practical ability to prepare written submissions and to develop sufficient skills to perform basic oral advocacy tasks. • To become familiar with the main issues connected to the gathering of evidence in international arbitration. • To develop sufficient knowledge on recognition and enforcement of arbitral awards. • To become familiar with the main peculiarities of foreign investment arbitration.
teacher profile teaching materials
INTERNATIONAL ARBITRATION – SPRING 2025
7 ECTS
Prof. Giacomo Rojas Elgueta
Textbook
Gary Born, International Arbitration: Law and Practice (3rd edn, Wolters Kluwer 2021)
Course Schedule
Class Date Topic / Activity
1 March 3 Introduction to international arbitration
2 March 4 The advantages of international arbitration; institutional v. ad hoc arbitration
3 March 5 The legal framework and the different laws applicable in an international arbitration
4 March 10 The arbitration agreement: founding principles and legal framework
5 March 11 The arbitration agreement: formal and substantive validity
6 March 12 The arbitration agreement: interpretation and extension to non-signatories
7 March 17 The arbitration proceedings: the relevance of the seat
8 March 18 The arbitration proceedings: selection and removal of arbitrators
9 March 24 Procedural issues in international arbitration
10 March 25 The taking of evidence in international arbitration
11 March 27 AA40 Seminar
12 March 31 Provisional measures in international arbitration
13 April 1 Multi-party and multi-contract issues in international arbitration
14 April 14 The applicable substantive law
15 April 15 The arbitral award: legal framework, formal requirements and drafting
16 April 28 The arbitral award: types of awards and legal remedies
17 April 29 The annulment of arbitral awards: introduction and grounds for annulment
18 May 5 The annulment of arbitral awards: grounds for annulment (seq.)
19 May 6 Consequences of the annulment of arbitral awards; correction, interpretation and supplementation of arbitral awards
20 May 12 Preclusive effects of arbitral awards
21 May 13 Recognition and enforcement of arbitral awards: legal framework and requirements
22 May 20 Recognition and enforcement of arbitral awards: grounds for refusal
23 May 21 Recognition and enforcement of arbitral awards: grounds for refusal (seq.)
24 May 26 Investment arbitration: introduction and standards of protection
25 May 27 Investment arbitration: proceedings and reform perspectives
Mutuazione: 20110308 ATTIVITA' - INTERNATIONAL ARBITRATION (LINGUA GIURIDICA) in GIURISPRUDENZA LMG/01 R ROJAS ELGUETA GIACOMO
Programme
Studying Law at Roma Tre – SyllabusINTERNATIONAL ARBITRATION – SPRING 2025
7 ECTS
Prof. Giacomo Rojas Elgueta
Textbook
Gary Born, International Arbitration: Law and Practice (3rd edn, Wolters Kluwer 2021)
Course Schedule
Class Date Topic / Activity
1 March 3 Introduction to international arbitration
2 March 4 The advantages of international arbitration; institutional v. ad hoc arbitration
3 March 5 The legal framework and the different laws applicable in an international arbitration
4 March 10 The arbitration agreement: founding principles and legal framework
5 March 11 The arbitration agreement: formal and substantive validity
6 March 12 The arbitration agreement: interpretation and extension to non-signatories
7 March 17 The arbitration proceedings: the relevance of the seat
8 March 18 The arbitration proceedings: selection and removal of arbitrators
9 March 24 Procedural issues in international arbitration
10 March 25 The taking of evidence in international arbitration
11 March 27 AA40 Seminar
12 March 31 Provisional measures in international arbitration
13 April 1 Multi-party and multi-contract issues in international arbitration
14 April 14 The applicable substantive law
15 April 15 The arbitral award: legal framework, formal requirements and drafting
16 April 28 The arbitral award: types of awards and legal remedies
17 April 29 The annulment of arbitral awards: introduction and grounds for annulment
18 May 5 The annulment of arbitral awards: grounds for annulment (seq.)
19 May 6 Consequences of the annulment of arbitral awards; correction, interpretation and supplementation of arbitral awards
20 May 12 Preclusive effects of arbitral awards
21 May 13 Recognition and enforcement of arbitral awards: legal framework and requirements
22 May 20 Recognition and enforcement of arbitral awards: grounds for refusal
23 May 21 Recognition and enforcement of arbitral awards: grounds for refusal (seq.)
24 May 26 Investment arbitration: introduction and standards of protection
25 May 27 Investment arbitration: proceedings and reform perspectives