Hascher, Dominique Keywords: International commercial arbitration | Procedure | International Chamber of Commerce | Mots clefs: Arbitrage commercial international | Procédure | Chambre de commerce internationale | ABSTRACT In this course, Dominique Hascher, Judge at the Court of Appeal in Paris, looks at the arbitration procedure in its broadest sense, including the internal functioning of the arbitration court which places the arbitrators themselves at the heart of the principles of the arbitration procedure. Dominique Ha…

Scott Rau, Alan Keywords: Arbitration | International arbitration | International commercial arbitration | Domestic competence ABSTRACT It is understood that the “jurisdiction” of an arbitral tribunal rests on the parties' consent to submit to a binding arbitration determination. In this course, Alan Scott Rau deals with the ultimate question running across our law of arbitration, which is the allocation of responsibility between State courts and arbitral tribunals. Every modern regime of arbitration takes the …

Boele-Woelki, Katharina Keywords: Party autonomy | Choice of law | International contracts | Private international law | International commercial arbitration | Trials | Mots clefs: ABSTRACT This course focuses on party autonomy in the context of the applicable law issued in international commercial contracts. It goes through explaining the Hague Principles on Choice of Law in International Commercial Contracts, finalized in 2013, and how they are used as a recent source on the matter. This reflection leads to the questio…

A. Kostin, Alexey Keywords: International commercial arbitration | Russian Federation [p11] A. Kostin, Alexey BIOGRAPHICAL NOTE [p15] Alexey Alexandrovich Kostin, born 24 January 1953 in Lithuania (Taurage). Head of the Private International and Civil Law Department of the Moscow State Institute of International Relations (University) at the Ministry of Foreign Affairs of the Russian Federation (since 2004). Chairman of the International Commercial Arbitration Court (since 2010) and the Maritime Arbitration Commission (si…

Gaillard, Emmanuel Keywords: International arbitration | Private international law | Legal philosophy | Legal positivism | International commercial arbitration | Mots clefs: Arbitrage international | ABSTRACT The law of arbitration, even more than the private international law, says Emmanuel Gaillard, Professor at the University of Paris XII, lends itself to a reflection of the philosophy of law. The notions, which are essentially philosophical, of will and freedom are at the heart of the matter. The parties’ freedom to …

Hobér, Kaj Keywords: Res iudicata | Concurrent proceedings | Law of civil procedure | Arbitration | International commercial arbitration | Private international law | Mots clefs: ABSTRACT The objective of these lectures is to identify situations where res judicata and lis pendens issues may arise in international arbitrations, as well as to take stock of, and to discuss, what arbitral tribunals actually do with respect to the principles of res judicata and lis pendens. After an introduction, the Chapter II discusses res judicata and lis pendens in a number of national jurisdicti…

Mayer, Pierre Keywords: Judicial competence | International commercial arbitration | Mots clefs: Compétence judiciaire | Arbitrage commercial international | ABSTRACT Pierre Mayer, Professor at the University of Paris I, notes that a course on the competence of international arbitrators may adopt two different approaches depending on whether it is from the point of view of States or arbitrators. The author chooses the second. However, an arbitrator ruling in Geneva on a dispute between an American party and an Ital…

A. Grigera Naón, Horacio Keywords: International commercial arbitration | Mots clefs: Arbitrage commercial international | ABSTRACT The objective of this course by M. Grigera Naón is to describe solutions given to choice-of-law problems by international commercial arbitrators. Only ICC arbitration awards will be considered and, accordingly, only rules and practices governing the conduct of ICC arbitrations and influencing choice-of-law determinations by international commercial arbitrators will be taken into ac…

Kreindler, Richard Keywords: International commercial arbitration | International arbitration | Arbitration court | Arbitral competence | Legality | Corruption | Mots clefs: ABSTRACT The point of this lecture is to give a better understanding of illegality and its different forms in international law, as it can have different forms and exist in many circumstances. It is important to understand the context of private international law versus public international law, as public policy plays an important part in internat…

B. Lamm, Carolyn Keywords: Foreign direct investment | International commercial arbitration | International arbitration | International dispute settlement | International Centre for Settlement of Investment Disputes | International arbitral awards | Cases | Mots clefs: ABSTRACT The point of this class is to address the situation of the legal profession under actual circumstances. As the business is global, the legal profession is too, and it is put under special regulations. The third chapter of the class points that internalizati…

Hess, Burkhard Keywords: International dispute settlement | International arbitration | International commercial arbitration | States | Individuals | Private enforcement ABSTRACT Almost every legal system knows the distinction between private and public law. This distinction is primarily found in continental law systems, but it is not unknown in the common law world. In this course, Burkhard Hess focuses on the dispute between the public and the private sectors. The author explains that both the areas of public and …

Pougoué, Paul-Gérard Keywords: Organization for the Harmonization of Business Law in Africa | Commercial law | Unification of law | International commercial arbitration | Commercial arbitration | Mots clefs: ABSTRACT OHADA has enabled the establishment of a general framework for the legal order of arbitration in its member countries. This involves a unification of the legal regime of arbitration as well as the desire to simplify the field of arbitration, in terms of objective arbitrability (contractual nature of the dispute,…

Carlos Fernández Rozas, José Keywords: International commercial arbitration | Mots clefs: Arbitrage commercial international | LeJoInLa8 | ABSTRACT Professor José Carlos Fernández Rozas notes that nowadays the role of the State tends to become less important in international business, that arbitration has imposed itself as an interesting solution to solving conflicts, but that for all that, arbitration does not manage yet to liberate itself from the legislative and jurisdictional activity of the State. Professor …

A. Bermann, George Keywords: International commercial arbitration | Private international law | Mots clefs: ABSTRACT The course aims to identify international arbitration’s place within the discipline of private international law, and vice versa. It follows by covering the different types of arbitral jurisdiction: personal jurisdiction, subject matter jurisdiction, jurisdiction by consent, known as arbitration agreements, and principles concerning the jurisdiction to determine arbitral jurisdiction. As arbitra…

Cordero-Moss, Giuditta Keywords: Party autonomy | International contracts | International commercial arbitration | Mots clefs: ABSTRACT This course aims to examine the limitations of party autonomy in international commercial arbitration, as parties have a central role in commercial arbitration. The idea is that a “closed circuit” made only of the rules the parties agreed on is not always possible, and other sources can impact the arbitration, thus the autonomy of the parties. First, external restrictions exist…

M. De Boer, Th. Keywords: International commercial arbitration | International arbitration | Choice of law | Lex fori | International law of procedure | Mots clefs: ABSTRACT In arbitration, choice-of-law issues are more complicated than they are in ordinary litigation, as an arbitral tribunal is not bound to the lex fori of the state in which it sits. This lack of obligation to a specific set of national choice of law rules, this freedom of disposition, can lead the tribunal to apply any rule of law that it would deem “appropriate”. The author …

Jacquet, Jean-Michel Keywords: International commercial arbitration | Private international law [p11] Jacquet, Jean-Michel NOTICE BIOGRAPHIQUE [p14] Jean-Michel Jacquet, né le 17 novembre 1945 à Montbéliard (France). Licence et doctorat en droit Université Robert-Schuman de Strasbourg ; diplôme d’études approfondies, Université de Paris II Panthéon-Assas ; professeur agrégé des facultés de droit ; professeur détaché à l’Université Cheikh-Anta-Diop de Dakar (1983-1990) ; professeur à l’Université des sciences sociales de …

McLachlan, Campbell Keywords: Exception de litispendance | International law of procedure | Private international law | Public international law | International arbitration | International commercial arbitration | Mots clefs: Litispendance | Droit international de procédure | Droit international privé | Droit international public | Arbitrage international | Arbitrage commercial international | ABSTRACT Campbell McLachlan, Professor at Victoria University of Wellington, devotes his course to lis pendens in international law. After a detailed intro…

Daniel Cooper and Christopher Kuner Keywords: Data protection | Personal data | Privacy | Alternative dispute resolution | International commercial arbitration | International dispute settlement | Human rights | Mots clefs: ABSTRACT With the internet and the globalized nature of commerce and communication, we have seen the development of data protection law and international dispute resolution. Indeed, some concepts specific to data protection, such as privacy, personal or sensitive data, localization, lead to de the developme…

G. Radicati di Brozolo, Luca Keywords: International commercial arbitration | Law of immediate application | Mots clefs: Arbitrage commercial international | Lois d'application immédiate | ABSTRACT In his course on international arbitration and public order, Professor Luca G. Radicati di Brozolo, Professor of the Catholic University of Milan, sets himself two objectives. The first is to take stock of the relation between international commercial arbitration and public order acts, a very controversial and much discussed s…