Accueil > Theory and Practice of International Commercial Arbitration

ODEC 9020 - Theory and Practice of International Commercial Arbitration

Type d'enseignement : Workshop

Semester : Spring 2017-2018

Number of hours : 8

Language of tuition : English

Pre-requisite

Some basic understanding of international commercial arbitration is preferred but not required.

Course Description

The field of international commercial arbitration has witnessed tremendous growth over the past few decades, both in academia and private practice. Yet, relatively little attention has been devoted to the modern rise and evolution of the field from a historical or sociological perspective. In this workshop, we will borrow tools from a number of disciplines––including history, legal theory, and sociology––to discuss and better understand some of the issues and problems that arbitration lawyers face in their daily practice. By attempting to bridge the gap between theory and practice, the ultimate goal of this workshop is to introduce arbitration students and aspiring young lawyers not only to the 'how' of arbitration, but also to the 'what' and 'why'.

Teachers

  • FOUCARD, Alexis (Avocat)
  • SCHINAZI, Mikaël (Etudiant doctorant)

Pedagogical format

Informal and conversational seminar.

Course validation

Pass-fail on basis of presence and participation.

Required reading

  • Short excerpts from the following books and articles will be assigned (not exceeding 30 pages per session)
  • Pierre Bourdieu, The Force of Law: Toward a Sociology of the Juridical Field (1987)
  • Yves Dezalay and Bryant Garth, Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order (1996)
  • Bruno Oppetit, Théorie de l'arbitrage (1998)
  • Emmanuel Gaillard, The Representations of International Arbitration (2010).

Additional required reading

David Caron et al. (eds.), Practising Virtue: Inside International Arbitration (2015)