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INTERNATIONAL ARBITRATION Domenico Di Pietro

STUDYING LAW AT ROME TRE FALL SEMESTER. INTERNATIONAL ARBITRATION Domenico Di Pietro. 4 October 2010. WHAT IS IT?. THE PROS AND CONS OF INTERNATIONAL ARBITRATION. THE PROS AND CONS OF INTERNATIONAL ARBITRATION. Neutrality Flexibility Efficiency/Speed Economy Confidentiality

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INTERNATIONAL ARBITRATION Domenico Di Pietro

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  1. STUDYING LAW AT ROME TREFALL SEMESTER INTERNATIONAL ARBITRATIONDomenico Di Pietro 4 October 2010

  2. WHAT IS IT?

  3. THE PROS AND CONS OF INTERNATIONAL ARBITRATION

  4. THE PROS AND CONS OF INTERNATIONAL ARBITRATION • Neutrality • Flexibility • Efficiency/Speed • Economy • Confidentiality • Enforceability of Awards • Economy? • Confidentiality? • Efficiency/Speed? • Independence and Impartiality

  5. DISPUTE RESOLUTION IN INTERNATIONAL TRADE Source QMUL-SIA/PWC 2006 Survey

  6. WHY INTERNATIONAL ARBITRATION? Source QMUL-SIA/PWC 2006 Survey

  7. WHICH ARBITRATION? • Ad hoc arbitration (or non-administered) - Popular with sovereign States - law of the place of arbitration fills the gaps) or - UNCITRAL Rules - pros and cons (not allowed in China) • Institutional (or administered) - (ICC, LCIA, CIETAC, HKIAC, SIAC, AAA/ICDR, Stockholm, Milan etc) - costs (hourly basis vs ad valorem) - default provisions (arbitrators, place, powers etc) - pros and cons

  8. SCOPE OF THE COURSE • INTERNATIONAL arbitration as a phenomenon • Historical background and legislative framework • Which international arbitration? • Arbitration agreements - doctrine of autonomy - validity applicable law - problematic privity • The lex arbitri • Arbitral tribunals, formation - Independence and Impartiality - competence/competence - powers • International arbitration procedure(s) • The law governing the dispute • The arbitral award – challenges and setting aside • Recognition and enforcement of arbitral awards • “Special” Arbitrations

  9. AIM OF THE COURSE • DEVELOPING A DYNAMIC KNOWLEDGE OF INTERNATIONAL ARBITRATION • DEVELOPING THE ABILITY TO IDENTIFY ISSUES • ACQUIRING THE CONFIDENCE TO SOLVE SUCH ISSUES • WORKSHOPS AND PRACTICAL EXERCISES (DRAFTING AND PLEADING)

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