MVV426K International Commercial Arbitration

Faculty of Law
Spring 2025
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
In-person direct teaching
Teacher(s)
Dr. hab. Prof. Nataliia Mushak (lecturer), doc. JUDr. Tereza Kyselovská, Ph.D. (deputy)
Guaranteed by
doc. JUDr. Tereza Kyselovská, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV426K/01: Mon 31. 3. 14:00–15:40 041, Tue 1. 4. 8:00–9:40 041, 10:00–11:40 041, Wed 2. 4. 8:00–9:40 041, Thu 3. 4. 10:00–11:40 041
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 1/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 59 fields of study the course is directly associated with, display
Course objectives
The aim of the course “International Commercial Arbitration” is to provide students with a comprehensive understanding of arbitration as a preferred method for resolving cross-border commercial disputes.
The course explores the legal framework, principles, and procedural aspects of international arbitration, including key conventions (such as the New York Convention), arbitral institutions, and rules (such as ICC, LCIA, and UNCITRAL).
Students will gain practical knowledge of arbitration agreements, jurisdictional issues, arbitral proceedings, enforcement of awards, and contemporary challenges in the field.
The course equips participants with the analytical and practical skills necessary to engage effectively in international arbitration as counsel, arbitrators, or business professionals.
Learning outcomes
At the end of the course, students should be able to:
- learn the procedural aspects of arbitration, including initiation, evidence gathering, hearings, and enforcement of awards, and will be able to implement these procedures in real-life arbitration scenarios;
- analyze and interpret arbitration agreements and awards, applying their understanding to ensure enforceability and compliance with international standards;
- evaluate and draft arbitral awards, recognizing legal standards for enforceability and potential grounds for annulment or refusal of enforcement;
- analyze complex international contracts, arbitration agreements, and legal frameworks to identify key issues and propose effective solutions.
Syllabus
  • 1.The Role of Party Autonomy in International Commercial Arbitration: Scope and Limitations
  • 2. Institutional vs. Ad Hoc Arbitration: A Critical Evaluation of Efficiency and Flexibility
  • 3. A Comparative Analysis of Leading Arbitration Institutions: ICC, LCIA, SIAC, and ICSID
  • 4. ICSID and its Key Role in Dispute Settlement Mechanism
  • 5. The Seat of Arbitration and its Legal Implications: A Comparative Analysis
  • 6. The New York Convention: Success, Challenges, and the Future of Enforcement
  • 7. Annulment of Arbitral Awards: Comparative Approaches in Different Jurisdictions
  • 8. Recognition and Enforcement of Foreign Arbitral Awards: A Case Study Approach.
Literature
  • See Teacher's Information for full details.
Teaching methods
• Comparative analysis of arbitration practices in different jurisdictions;
• Small-group discussions on arbitration agreements, tribunal composition, and procedural issues;
• Debates on controversial topics (e.g., public policy exceptions, arbitrator independence);
• Practical workshops on drafting arbitration clauses and procedural orders;
• Team-based assignments on complex arbitration issues (e.g., investor-state disputes, multi-party arbitration);
• Group presentations on arbitration rules of different institutions (ICC, LCIA, SIAC, etc.).
Assessment methods
Active participation in lectures - active questioning, sharing ideas, discussion, criticism, performance of all tasks in the classroom, reading of pre-assigned literature. The preparation of the individual essay on the relevant practical issue on international commercial arbitration.
Language of instruction
English
Further comments (probably available only in Czech)
The course is taught only once.
Teacher's information
Literature

1. Born, G. B. (2021). International Commercial Arbitration (3rd ed.). Kluwer Law International.

2. Redfern, A., Hunter, M., Blackaby, N., & Partasides, C. (2015). Redfern and Hunter on International Arbitration (6th ed.). Oxford University Press.

3. Moses, M. L. (2017). The Principles and Practice of International Commercial Arbitration (3rd ed.). Cambridge University Press.

4. Lew, J. D. M., Mistelis, L. A., & Kröll, S. M. (2003). Comparative International Commercial Arbitration. Kluwer Law International.

5. United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 1958).

6. UNCITRAL Model Law on International Commercial Arbitration (1985, amended 2006).

7. International Chamber of Commerce (ICC) Arbitration Rules (2021).

8. London Court of International Arbitration (LCIA) Rules (2020).

9. Singapore International Arbitration Centre (SIAC) Rules (2016).

10. UNCITRAL Arbitration Rules (2013).

11. Paulsson, J. (2013). The Idea of Arbitration. Oxford University Press.

12. Born, G. B. (2020). International Arbitration: Law and Practice (3rd ed.). Kluwer Law International.

13. Kaufmann-Kohler, G., & Rigozzi, A. (2015). International Arbitration: Law and Practice in Switzerland. Oxford University Press.

14. Park, W. W. (2012). Arbitration of International Business Disputes: Studies in Law and Practice (2nd ed.). Oxford University Press.


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