Introduction to Arbitration
1 – GENERAL INFORMATION
Coordinator: Mariana França Gouveia
Professor: Mariana França Gouveia
Academic Year: 2015/2016
Level: 2nd Cycle (Master in Litigation and Arbitration)
Semester: 1st
ECTS: 4,5
Professor’s contact: marianagouveia@fd.unl.pt
Schedule: Friday, 10h30m-11h45m; 12h-13h15m
2 – GOALS AND SKILLS
The Course provides students with a first, but in-deep knowledge of arbitration.
The focus is in domestic arbitration, but with a strong international flavor,
considering that Portuguese domestic arbitration is intensely influenced by
international standards.
At the end of the Course, students will, thus, be able to understand the main
features and tools of modern arbitration.
3 – SYLLABUS
1. Arbitration: national and international
2. Institutional and ad hoc arbitration: the main arbitration centers
3. Arbitration agreement
3.1.
General characterization
3.2.
Submission agreement and arbitration clause
3.3.
The validity of an arbitration clause
3.4.
Arbitrability
3.5.
Third parties to the arbitration agreement
4. Jurisdiction of the arbitral tribunal
5. The constitution of the arbitral tribunal
6. The arbitrator: duties and rights; challenge.
7. Interim measures and preliminary orders
8. The arbitral proceedings
8.1.
Choice of procedural rules
8.2.
Limits to the choice – the principle of due process
8.3.
ICC, LCIA, ICDR and CAC Rules
8.4.
Pleadings
8.5.
Preliminary hearing
8.6.
Taking of Evidence
9. Complex arbitrations: multiparty and multi-contract
10. Arbitral award
11. Challenge of arbitral awards
4 – ASSESSMENT
The students will be assessed trough a mandatory final exam and facultative oral
presentations in class. Their spontaneous participation in class will also be
considered.
(There will be a Portuguese version of the exam and students can answer in
Portuguese.)
Oral Presentations (groups of 3 students maximum)
- Jurisdiction of the arbitral tribunal – October 8
- Arbitrators’ duties of impartiality and independence – October 23
- Recognition and enforcement of preliminary orders – November 6
- Evidence in arbitration, the IBA Rules on the Taking of Evidence in International
Arbitration – November 20
- Grounds for challenge of the arbitral award – December 11
The oral presentation shall consist on a lecture of 40m with a theoretical part and a
practical one. Furthermore the students shall produce:
a) A powerpoint or prezi presentation with maximum 10 words
for slide/frame;
b) A written guide of the presentation (1 page maximum) to be
distributed to all colleagues;
c) A practical exercise to be solved within the class;
d) A written version of the presentation (paper) to be delivered
within 15 days of the oral presentation.
The presentation will be valued if based on case law, debatable
issues and a practical perspective.
5 – BIBLIOGRAPHY
Mariana França Gouveia, Curso de Resolução Alternativa de Litígios, Coimbra,
Almedina, 3rd Edition – 2014
AA. VV., Lei da Arbitragem Voluntária Anotada, Coimbra, Almedina, 2012
Alan Redfern and Martin Hunter, Law and Practice of International Commercial
Arbitration, 4th edition, London, Thomson, 2004
Gary Born, International Arbitration, The Netherlands, Wolters Kluwer, 2014
António Sampaio Caramelo, A Impugnação da Sentença Arbitral, Coimbra, Coimbra
Editora, 2014
6 – LEGISLATION
-
Arbitration Law – Lei 63/2011, 14 de dezembro
UNCITRAL Model Law on International Arbitration (2006)
New York Convention (1958)
IBA Guidelines on Conflict of Interests in International Arbitration
IBA Rules on the Taking of Evidence in International Arbitration
ICC Rules
LCIA Rules
ICDR Rules
CAC Rules
Collection of laws and materials: Soares Machado e Mariana França Gouveia,
Resolução Alternativa de Litígios, Almedina, 2014 (bilingual edition)