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LLM-ILA: International Litigation and Arbitration

COURSE DESCRIPTION

The “International Litigation and Arbitration” course, (usually part of the Master of Laws (LLM) program), is designed to provide students with a comprehensive understanding of the legal frameworks, processes, and strategies involved in resolving international disputes. This advanced course explores both litigation in international courts and arbitration as essential methods for settling transnational disputes. Through in-depth analysis and practical exercises, students will gain the knowledge and skills necessary to excel in the complex world of international dispute resolution.

COURSE OBJECTIVES | LEARNING OUTCOMES

  1. International Litigation:
    • Examine the jurisdictional and procedural aspects of international litigation before international courts, such as the International Court of Justice (ICJ) and regional tribunals.
    • Analyze the principles of state immunity, the law of the sea, and territorial sovereignty in the context of international litigation.
  2. International Arbitration:
    • Study the fundamentals of international arbitration, including the roles of arbitral institutions and the enforcement of arbitral awards under the New York Convention.
    • Explore the advantages and disadvantages of arbitration compared to litigation in international disputes.
  3. Arbitral Proceedings:
    • Investigate the stages of international arbitration, from the initiation of proceedings to the rendering of awards.
    • Develop practical skills in drafting arbitration agreements, preparing submissions, and presenting arguments.
  4. Investment Arbitration:
    • Examine the unique characteristics of investment arbitration, focusing on investor-state disputes and bilateral investment treaties (BITs).
    • Analyze key cases and controversies in the field of investment arbitration.
  5. International Commercial Arbitration:
    • Explore the principles of international commercial arbitration, including the UNCITRAL Model Law and institutional arbitration rules.
    • Engage in mock arbitration exercises to gain hands-on experience in commercial arbitration proceedings.
  6. Multilateral Dispute Resolution:
    • Investigate dispute resolution mechanisms under international agreements and organizations, including the World Trade Organization (WTO) and United Nations Convention on the Law of the Sea (UNCLOS).
    • Assess the challenges and opportunities in multilateral dispute resolution.

At the end of this course, the student will be able to:

  1. Demonstrate a profound understanding of the principles and procedures of international litigation and arbitration.
  2. Analyze complex international legal issues and apply relevant legal frameworks to resolve disputes effectively.
  3. Develop practical skills in drafting pleadings, conducting legal research, and presenting arguments in international dispute resolution processes.
  4. Critically evaluate the advantages and limitations of international litigation and arbitration methods.
  5. Assess the unique features of investment arbitration, commercial arbitration, and multilateral dispute resolution mechanisms.
  6. Navigate international legal instruments and conventions governing the enforcement of arbitral awards.
  7. Apply ethical and professional standards to international dispute resolution practice.

The “International Litigation and Arbitration” course equips LLM students with the expertise required to engage in international dispute resolution as legal practitioners, arbitrators, or policymakers. Whether pursuing a career in international law, arbitration, or diplomatic service, this course prepares students to navigate the complex landscape of international litigation and arbitration with confidence and competence.

COURSE CMS SPECIFICS

  • Credit value: 3-6 (US standard) | 6-12 (ECTS standard)
  • Indicative duration (full-time): 4-10 weeks
  • Indicative duration (part-time): 5-12 week
  • Certificate: Yes

COURSE METHODOLOGY

This course is based on standard EUCLID methodology. Students may refer to the following resources:

  • Academic Guidelines (HQ version)
  • Academic Guidelines (most recent version, even if unofficial)
  • Student Orientation Guidelines (most recent version, even if unofficial)
  • Zotero instructions for EUCLID students
  • Grammarly instructions for EUCLID students

REQUIRED TEXTS AND MATERIAL

Course material is provided in the form of embedded videos, audio MP3s, and/or downloadable PDFs.

COURSE INSTRUCTOR | ASSOCIATED FACULTY

Please contact the International Faculty Coordinator to confirm the current course/faculty/student assignment.

COURSE SYLLABUS | ACCESS TO 7 PERIODS

 

Course Instructor:

This is course is supervised by a primary instructor/faculty member and may also be served by a backup instructor.

The International Faculty Coordinator will confirm the assignment. Do not contact any instructor prior to LMS enrollment with faculty assignment confirmed.