Advocacy and Alternative Dispute Resolution in Theory and PracticeLaajuus (5 op)

Osaamistavoitteet

By the end of the course, the students should be able to: - evaluate different forms of alternative arbitration as an alternative to litigation; - describe the essential rules, concepts and principles of international arbitration; - describe the procedure, actors and essential trends of international arbitration; - construct legal arguments and know the basics of both oral and written argumentation; and - draft practical arbitration clauses. This course unit develops the following generic traits: - ethics - internationality - critical thinking - identification and development of expertise - interaction and communication

Sisältö

The course aims to give the students a comprehensive and practical toolbox for alternative dispute resolution and advocacy. The course covers different methods of alternative dispute resolution, and practical working life skills such as legal argumentation, rendering practical legal advice, and oral and written advocacy. Further, the course introduces commercial conflict analysis (i.e. estimating disputes from the business perspective instead of a clean legal analysis). With regard to arbitration, the course delves deeper into the theoretical and legal framework.

Esitietovaatimukset

It is recommended that students enrolling the course have completed the basic studies in procedural law, but it is not mandatory.

Oppimateriaalit

Blackaby - Partasides - Redfern - Hunter: Redfern and Hunter on International Arbitration, 2015 (Sixth Edition). The study materials further include articles that will be provided to the students at the beginning of the course.

Lisätiedot

Teachers: Toni Malminen Time: Spring semester The course is open for a maximum of 25 students. The language of instruction is English.

Suoritustavat

The course will be completed as combination of teaching, which includes lectures, written assignments and seminar assignments. The course consists of opening lectures, where an overview of the topic is given. After the opening lectures, three separate lectures will be held, and the students will prepare a group assignment to each of these three lectures. In these lectures the foundation of the topic is laid, after which the students will participate in exercises in small groups based on written assignments. The opening lectures cover, among other, the following themes: -the methods of alternative arbitration: negotiations, conciliation, arbitration and hybrid procedures; -conflict analysis and business-based counselling; -drafting briefs and letters; -performing and oral argumentation; -arbitration theory and practice. The themes of the follow-up lectures and written assignments are: -conflict analysis, counselling, conciliation, mediation, adjudication, expert determination and settlement negotiations; -arbitration agreement, commencement of arbitration and arbitration procedure; -legal argumentation, arbitration awards and enforcement. The course does not include a written exam. Evaluation criteria: 0-5