The object of the course is to impart, theoretical as well as practical, knowledge and understanding of international commercial arbitration to the students. Upon completion of this course, students are expected to have gathered an in-depth knowledge of international arbitration and be able to discuss its central aspects and main issues.

Knowledge and understanding: Students will gain specific knowledge on the most important and challenging issues of international commercial arbitration, such as the arbitration agreement, the applicable laws, the Arbitral Tribunal, the arbitration proceedings, the gathering of evidence, the hearing and the arbitral award. This goal will be achieved through both theoretical classes as well as through the analysis of real cases and subsequent class discussion. Ability to apply knowledge and understanding: Students will be able to use their knowledge in both a theoretical and practical way and analyse and understand how arbitrators and international arbitration counsel should act and behave. These learning skills will be tested through class exercises and workshops and through the final exam. Ability to make independent evaluations: Students will be able to understand and analyse in a critical legal way real international commercial arbitration cases. Moreover, the analysis of such cases will help them to develop a critical thinking and identify the proper and most suitable case management strategy . Communication skills: Students will learn the specific international commercial arbitration legal vocabulary and will gain appropriate communication skills by studying and analysing legal sources and case law. These communication skills will be tested by way of class discussion, workshops and a final oral exam. Learning skills: Students, after having studied and understood the fundamental concepts of international commercial arbitration, will develop the primary tools to become international arbitration practitioners in the future. They will have a full knowledge of the structure of an international arbitration proceedings and will experience the challenges and difficulties of certain steps such as drafting a proper brief and cross-examining witnesses. This course will be very helpful for those students aiming at pursuing a career within an arbitral institution or as international arbitration counsel.

This course intends to comprehensively examine the law and practice of contemporary international commercial arbitration. As to the theoretical knowledge, particular emphasis will be placed on legal analysis and discussion of issues of central importance, such as the framework of international commercial arbitration, the arbitration agreement, the applicable laws, the Arbitral Tribunal, the arbitration proceedings, the gathering of evidence, the hearing and the arbitral award. Given the abundance of institutional rules, the course will focus mainly on the ICC Arbitration Rules and will compare them, when necessary, with other institutions’ provisions. In order to provide the students with practical knowledge as well, throughout the course there will be constant reference to real arbitration cases and experiences where the issues discussed in class came into play and were specifically addressed.

Blackaby N. et al, Redfern and Hunter on International Arbitration. Student Version (Oxford, 2022). Link: https://tinyurl.com/wypj5ujb The textbook will be complemented by selected articles which will be made available on the LUISS Learn/Moodle course website.

Students are expected to read the relevant assigned reading materials before each class and to contribute to class discussions. Reference to contemporary issues faced by arbitral tribunals and practitioners will be discussed. This will develop critical thinking skills and combine theory and practice.

The exam consists in an oral interview where the student will be required to show that he/she knows and understands the notions and principles of International Commercial Arbitration and that he/she is able to apply them to case studies brought to his/her attention. The student is expected to: (i) be able to independently analyze the main issues of International Commercial Arbitration, such as the arbitration agreement, the applicable laws, the Arbitral Tribunal, the arbitration proceedings, the gathering of evidence, the hearing and the arbitral award; (ii) use the appropriate technical and legal vocabulary; and (iii) prove that he/she has acquired the study method and the learning ability for carrying on, also independently, further studies on the subject. For this purpose, both theoretical and case-based practical questions are asked. The final grade is expressed out of 30. Insufficient preparation, corresponding to a score below 18, will lead to failure to pass the exam. Answering all questions correctly, demonstrating an excellent level of preparation, will lead to the attribution of a score of 30, possibly cum laude/with honors. In assessing the level of preparation of the student, the following evaluation criteria will be taken into account: knowledge and understanding of the notions and principles of the subject and ability to apply them to specific cases (65%); appropriate use of the technical and legal vocabulary (25%); ability to analyze and evaluate relevant sources and acquisition of the study method (10%).

A minimum average grade of 27/30 and excellent English writing skills.