JUS5852 – International Commercial Arbitration
Course description
Schedule, syllabus and examination date
Course content
The course is an introduction to one of the most important methods of resolving commercial disputes.
Most commercial contracts, whether domestic or international, contain an arbitration clause. This means that disputes arising out of these contracts will have to be submitted to an arbitral tribunal, and courts of law will have limited jurisdiction. Domestic legislation on arbitration is, in many countries (including also Norway), based on international sources and does not distinguish between domestic or international arbitration. The study of the legal framework for international arbitration, therefore, is relevant also to internal, purely domestic arbitration.
For students enrolled in Rettsvitenskap (jus) (master – 5 ?r): Have you considered a specialization as part of your degree? The course is part of the profile Internasjonale kommersielle relasjoner and Komparativ rett
Learning outcome
On completion of this course, the student should be able to:
- Understand the complex legal framework applicable to arbitration
- Understand the principal features of an arbitral procedure;
- Understand the relationship between international sources of law and domestic law in respect of the arbitration agreement, the arbitral procedure and arbitral award;
- Understand the relationship between the parties’ will and the applicable law in all phases of arbitration;
- Structure and conduct an arbitral proceeding.
See the semester page for more information on achievement requirements / learning outcome.
Admission
You may register for this course if you have admission to a Master’s programme at UiO or the faculty's exchange programme. You can also register for this course if you do not have admission to any programme at UiO, but meet the formal prerequistites.
All students are required meet the formal prerequistites.
Have you met the formal prerequisites at another institution than the University of Oslo, and the results are not formally registered at UiO, you must apply for admission to courses at Master’s level . Students with admission to Master’s degree programmes at other faculties than The Faculty of Law must also apply for admission.
When your admission is in order you must register for courses in StudentWeb
Prerequisites
Formal prerequisite knowledge
Students must fill one of these requirements:
- Passed 1st - 3rd year of the 5-years degree Master of Laws (Master i rettsvitenskap at UiO) (or exams that qualify for exemption for these) or
- Hold a 5-years Master’s degree in Laws (Master i rettsvitenskap at UiO) or equivalent.
Exemptions from the formal prerequisites will be given to students with admission to the faculty's own exchange or master’s degree programmes. This rule does not apply to students with admission to other master’s degree programmes at the University of Oslo, unless otherwise agreed.
Teaching
Ten lectures and one exam preparation session.
Language of teaching for this course is English. This means that all
communication during lectures/seminars will be in English, and all
literature and auxiliary materials are in English.
Access to teaching
A student who has completed compulsory instruction and coursework and has had these approved, is not entitled to repeat that instruction and coursework. A student who has been admitted to a course, but who has not completed compulsory instruction and coursework or had these approved, is entitled to repeat that instruction and coursework, depending on available capacity.
Examination
4 hour written open book digital school examination
Examination support material
This is an open book digital school examination. You are permitted to use any materials written on paper during the examination. This includes books, lecture materials and your own notes, whether handwritten or printed. There are no restrictions on marking up or highlighting these written materials. No electronic support materials are allowed.
Use of sources and rules for citing.
The standard rules on cheating and plagiarism which apply to assignments apply also to the written open book examination. This means that you must provide a reference whenever you draw upon another person’s ideas, words or research in your answer to the exam question(s). You cannot copy text directly from textbooks, journal articles, court judgments etc. without highlighting that the text is copied.
Thus, pieces of text quoted verbatim from these and other sources must be italicised or otherwise highlighted so that it is obvious that the pieces of text are quotes.
Example of highlighting in a text:
"Laurent Bailay and Bernard Van der Lande propose to define a mobile payment as a “payment for products or services between two parties for which a mobile device, such as a mobile phone, plays a key role in the realization of the payment”. (European Commission, GREEN PAPER Towards an integrated European market for card, internet and mobile payments, page 5)"
Failure to cite sources or highlight quotes in your exam answer may be considered as evidence of cheating.
Language of examination
The examination text is given in English, and you submit your response in English.
Grading scale
Grades are awarded on a scale from A to F, where A is the best grade and F is a fail. Read more about the grading system.
Marking criteria for written examination
This guide is used by examiners for grading elective courses at the Faculty of Law.
Explanations and appeals
Resit an examination
- Illness at exams / postponed exams
- Resitting an examination.
- There are special rules for resitting a passed examination in the master's programme in Law.
Withdrawal from an examination
It is possible to take this exam up to 3 times. If you withdraw from the exam after the deadline or during the exam, this will be counted as an examination attempt.
There are special rules for resitting a passed examination in the master's programme in Law.
Special examination arrangements
Application form, deadline and requirements for special examination arrangements.
Evaluation
The course is subject to continuous evaluation. At regular intervals we also ask students to participate in a more comprehensive evaluation.
Other
The language for this course is English. Students enrolled in the
Masterprogrammet i rettsvitenskap must pass one
English subject as part of their degree, this course will meet these
obligations.