UCL - Alternative Methods of Settlement of Commercial Disputes

[DROP2043]

[30h] 5 credits

This course is taught in the 2d semester.

Teacher(s):

Language: French

Level: Second

Aims
Main themes
Other information (prerequisite, evaluation (assessment methods), course materials recommended readings, ...)

Aims

The aim of the course is to give the students an opportunity to approach in theory and practice a field of law which could not be dealt with as such in the compulsory program. It has also the aim of familiarizing the students with these alternative methods of settlement of commercial disputes in the perspective of eventual disputes they might be confronted to in the course of their future activities, either in a company, a law firm or an arbitral institution.

In this perspective, the course is structured to give the students the opportunity to :

- understand the essential concepts involved in the field of alternative methods of dispute resolution, which are summarily taught in the context of the course of commercial law and the course of civil procedure;
- compare judicial procedures and alternative methods of dispute resolution;
- apply to concrete cases the legal rules presented during the course;
- create links between the economic and the legal worlds;
- to evaluate the impact of international law in this field;
- to appraise the impact of this field of law on economic agents.

The course is taught in an interdisciplinary perspective.

It is part of an option comprising three courses. The professors teaching these courses form a team to assure their complementarity. The course implies an important participation of the students (method of learning by case studies, commentaries of case law or doctrinal authorities, debates with invited experts ...).

Main themes

The course is devoted to an advanced study of the alternative methods of resolution of commercial disputes: analysis of the legal problems involved and of the different steps of the possible procedures.

It includes in particular (in the perspective of Belgian law and international law and practice) the study of the following issues:

- mediation, conciliation and mini trial;
- commercial arbitration (ad hoc and institutional);
- the settlement of disputes relating to investments (ICSID).

All these techniques are examined from a theoretical point of view but also from a practical point of view, in particular with respect to their efficiency and their costs.

Other information (prerequisite, evaluation (assessment methods), course materials recommended readings, ...)

The students will take with them at the course a syllabus containing all the basic documentation on arbitration. This syllabus will permit an interactive discussion with the students. To the extent possible, the professor will also invite international arbitrators to participate to his teaching.