Conflict of Laws in Int'l Commercial Arbitration
About This Course
At the end of the course, participants will be able to:
1. Identify instances where conflict of laws analysis is necessary in international arbitration proceedings, distinguishing between scenarios where such analysis is essential and where alternative approaches may suffice;
2. Apply conflict of laws rules to hypothetical cases in the context of international arbitration, critically evaluating the need for such analysis and exploring potential alternative solutions;
3. Analyze the role of both state courts and arbitrators in conducting conflict of laws analysis within international arbitration, understanding the interplay between legal systems and dispute resolution mechanisms; and
4. Develop critical thinking skills to assess the relevance and applicability of conflict of laws principles in international commercial arbitration, recognizing when a conflict of laws approach is indispensable and when other strategies may be viable.
What You'll Learn
This course will focus in detail on the instances in which resort to conflict of laws is necessary in the international arbitration context. The objective of this course is to allow participants to realise on how many occasions both State courts and arbitrators will need to report a conflict of laws analysis despite the claim that conflict of laws issues are not relevant in the international commercial arbitration context. Participants will first be taught to identify what conflict of laws rules may apply and will then be given hypothetical cases and will be asked to critically examine whether a solution can be found that does not require a conflict of laws approach.
Entry Requirements
A good Bachelor's or Juris Doctor degree in Law