International Commercial Arbitration

PresentationUniversity 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

• 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

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)

1. The function of arbitration. Legal framework;

2. The arbitration agreement (effects, capacity, validity, separability, kompetenz-kompetenz);

3. The arbitral tribunal: ad hoc or institutional, seat, constitution;

4. The procedure: legal framework, law applicable to the procedure, law applicable to the substance;

5. The arbitral award, its effects, the court's control;

6. The difference between commercial arbitration and investment arbitration;

7. Investment arbitration: special features;8. , 9. and 10. Mock case11. Summary

Mock case

• Three teams:– Claimant– Respondent – Arbitral Tribunal