Kurzus nemzetközi vendég- és részidős hallgatóknak

Kar

Állam- és Jogtudományi Kar

Szervezet

ÁJTK Nemzetközi Jogi Tanszék

Kód

JNX_ERASMUS:Q13

Cím

International Commercial Dispute Settlement Law

Tervezett félév

Mindkét

Meghirdetve

2023/24/2

ECTS

5

Nyelv

en

Oktatás célja

Title International Commercial Dispute Settlement Law Lecturers: Milan Kohlrusz, attorney at law milan.kohlrusz@bktp.hu Brief description The course presents, outlines and discusses the rules and practices of cross-border disputes such as multi-countries litigation and international arbitration, with a view to further also comparing the rules and differences of international matters. While the emphasis of international arbitration would be based on ICC rules, however we would also pay attention to the Vienna International Court of Arbitration (VIAC), the London Court of International Arbitration (LCIA) and the Investment Treaty Arbitration (ICSID). In crossborder litigation we would cover disputes in overseas matters with personal experiences. Along with discussion of the rules, students may also be interested in exploring topics such as (i) language barriers in international matters (different counsels in one proceeding); (ii) risks of legal cultural differences (the content of each but the same legal terms? What the real tasks of counsels and arbitration are in this area); (iii) the varied approaches to experts and witnesses coming from different countries; and (iv) the appraiser of evidence (documents). Needless to say, further discussions would include expectations in the proceedings of common law and continental law counsels and the solution thereof, as well as the review of the applicable rules on precedents and functional demonstration.

Tantárgy tartalma

Schedule 1. International arbitration and cross-border disputes – basic view 2. Treaties for cross-border disputes 3. Agreements (and lack of it) amongst parties on disputes 4. Seat and place of the disputes and the applicable laws under the seat/place 5. Arbitrators, judges, counsels 6. Procedural rules for the institutes and practices for cooperation of counsels in multiple jurisdictions 7. Emergency matters 8. Evidence and consideration thereof 9. Procedural milestones 10. Decision, judgment and award 11. Enforcement

Számonkérés és értékelés

Assessment/Exam Cross-examination of a potential witness or expert.

Irodalomjegyzék

Materials/Recommended readings 1. Michael L. Moffitt and Robert C. Bordone: The Handbook of the Dispute Resolution (Harvard Law School, 2005) 2. Gary B. Born: International Arbitration, Cases and materials (Wolters Kluwer, 2011) 3. Lawrence W. Newman and Rikki Klieman: Take the witness: the experts speak in cross-examination (Juris Publishing, Inc., 2006)

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