Regulation And Infrastructure Of International Commercial Arbitration
Professional Certificate – 8 sessions
Online Classes
Date
Time
Provided by
The University of London (QMUL & UCL) and the American University of Technology LLM support program.
Course Description
The course will provide you with a good knowledge of international commercial arbitration as a means of dispute settlement of international business dispute, the reality relating to current regulation and infrastructure of international commercial arbitration, and relevant legal and other regulatory instruments. In addition, the course will stimulate a thorough understanding of the international character of international arbitration, will enable you to reason, and draft opinions in respect of matters relating to international commercial arbitration, and will familiarize you with legal issues relating to the arbitration agreement and explore the regulation, theory and practice relevant to arbitration tribunals. The course strikes a balance between theory and practice. It analyses relevant legal instruments and the practice of major arbitration institutions. In particular we will explore, inter alia the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the 1985 UNCITRAL Model Law on International Commercial Arbitration, various national arbitration laws, including the 1996 English Arbitration Act, the 1987 Swiss Private International Act, the 1981 French Code of Civil Procedure and the 1925 US Federal Arbitration Act, and various arbitration Rules, such as the UNCITRAL Rules, and the Rules of the ICC, LCIA, AAA, CIETAC.
The Course Is Composed of 4 Modules
Module A: The Regulation and infrastructure of arbitration
Module B: The arbitration agreement
Module C: The arbitration tribunal
Module D: Investment arbitration and specialist arbitration
About Module A ‘The Regulation and Infrastructure of Arbitration’
Module A aims to give you an essential theoretical and conceptual introduction to the theory of international commercial arbitration. It will look at the concept of international arbitration, the relevant institutional and regulatory framework, and the relation of arbitration to human rights and national constitutions, as well as the interaction between arbitration and state courts. The learning objectives of Module A are to be familiar with definitions of arbitration, national, regional and international concepts of arbitration, to understand the various theories about the juridical nature of arbitration, to have an introduction to the main terminology and be familiar with various legal instruments, rules and laws that are relevant to arbitration, to understand the distinction between international and domestic arbitration, to have an introduction to the main arbitration institutions and identify the advantages and disadvantages of institutional and ad hoc arbitration, to know the constitutional position of arbitration and be familiar with the human rights implications of arbitration, and finally to know and assess the relationship between state courts and international arbitration, and to assess the role of state courts in respect of international arbitration in a given legal system.
Speaker
Dr. Mohamed Boudaher
Mohamed Boudaher, Managing Partner, Cedrus Law Group/LEXPERTS Law Group, Beirut Offices, Academic Advisor, University of London International Programs LLM Support Office/The American University of Technology, and the BBA, Beirut, Lebanon, a Part Time LL.M. Instructor, at the Lebanese American University, an Associate Professor, at Phoenicia University, School of Law and Political Sciences, a Part Time Instructor, at the CEC, the American University of Beirut, Beirut, Lebanon, and Academic Trainer, LACPA, Beirut, Lebanon.
Dr Boudaher holds a BA in Law from the Lebanese University/“Filière francophone de Droit”, a DEA from the Saint Joseph University/Université Pantheon Assas – Paris 2, a Certificate in Arbitration from McGill University, an LLM in International and Comparative Dispute Resolution from the Queen Mary School of Law University of London, and a S.J.D. in Arbitration and Derivatives from the PennState University, The Dickinson School of Law.
Dr Boudaher Specializes in Arbitration, Corporate Governance, Compliance, AML, TF, and Risk Management (GARP), Construction contracts and Disputes, Banking and Regulatory matters, Franchise and International Investment and Dispute Resolution.
Dr Boudaher is a Registered member of the Beirut Bar since 2008, a Member of the Chartered Institute of Arbitrators (MCIArb), and Member of the British Institute of International and Comparative Law (BIICL).
Students registered with the LLM Program will receive the course study guides and up-to-date reading materials, including articles and case laws.
Lawyers and professionals wishing to expand knowledge in international commercial arbitration.
Knowledge of International Commercial Arbitration
Familiarity with Legal Issues in Arbitration Agreements
Assessment of the Interaction between Arbitration and State Courts
Analysis of Major Arbitration Instruments and Institutions
Understanding of Legal and Regulatory Instruments
Ability to Reason and Draft Opinions in Arbitration Matters