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International Commercial Arbitration

International Commercial Arbitration. Presentation University of Oslo Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University. Arbitration. Private settlement of disputes Alternative to courts Most commercial contracts contain an arbitration clause. International and domestic.

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International Commercial Arbitration

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  1. International Commercial Arbitration Presentation University of Oslo Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University

  2. Arbitration • Private settlement of disputes • Alternative to courts • Most commercial contracts contain an arbitration clause

  3. International and domestic • Both international contracts and domestic contracts contain arbitration clauses • Many sources are international – they represent a uniform law. • The Norwegian Arbitration Act (voldgiftsloven) is based on a harmonised model law and applies equally to international and domestic arbitration

  4. Commercial arbitration and investment arbitration • The course deals mainly with commercial arbitration (between parties to a commercial relationship) • Also investment arbitration is presented (between foreign investor and host state and relating to treatment of the investment)

  5. The function of arbitration. Legal framework; The arbitration agreement (effects, capacity, validity, separability, kompetenz-kompetenz); The arbitral tribunal: ad hoc or institutional, seat, constitution; The procedure: legal framework, law applicable to the procedure, law applicable to the substance; The arbitral award, its effects, the court's control; The difference between commercial arbitration and investment arbitration; Investment arbitration: special features; , 9. and 10. Mock case 11. Summary

  6. Mock case • Three teams: • Claimant • Respondent • Arbitral Tribunal

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