International Litigation and Arbitration

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Arjan Lame, PhD

Code
LAW 523
Name
International Litigation and Arbitration
Semester
3
Lecture hours
3.00
Seminar hours
1.00
Laborator hours
0.00
Credits
3.50
ECTS
6.00
Description

The aim of the course is to examine the formation, nature and the effect of the arbitrators’s contract, addressing topics such as the appointment, challenge, removal and duties and right of arbitrators, disputing parties and arbitration institutions. To do this we are going to utilize a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationship. Also we are going to exam the institution’s contract with the disputing parties and its effect on the arbitrator’contract under institutional rules in various jurisdictions to give a global view of the issues examined in it. We have the intention to exam moreover the arbitrator’s contract from a global perspective of arbitrarily law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America.

Objectives

The focus of this course is going to be centered on the formation of the arbitrator’s contract and the terms of this contract and the institution’s contract. The primary question of the consequences of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorized as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms.

Java
Tema
1
Arbitration agreement
2
Juridical and relationship theories
3
The jurisdictional theory
4
The contractual theory
5
Mixed or hybrid theory
6
Parties to the arbitrator’s contract
7
Formation of the arbitrator’s contract
8
Midterm Exam
9
Remedies
10
Termination of the contracts
11
Arbitration procedure of Albania
12
Arbitration cases in Albania
13
“Sky Petroleum”
14
“Burimi Srl” & “Eagle Games sh.a.”
15
“CEZ” shpёrndarje.
16
Final Exam
1
The capacity and the ability to examine the problems that derive from international commercial relations.
2
Knowledge of the procedure for resolving disputes between parties, the case law of international courts of arbitration..
3
Recognition and enforcement of foreign arbitral awards in domestic jurisdiction.
Quantity Percentage Total percent
Midterms
1 20% 20%
Quizzes
0 0% 0%
Projects
1 20% 20%
Term projects
0 0% 0%
Laboratories
0 0% 0%
Class participation
0 0% 0%
Total term evaluation percent
40%
Final exam percent
60%
Total percent
100%
Quantity Duration (hours) Total (hours)
Course duration (including exam weeks)
16 4 64
Off class study hours
14 3 42
Duties
1 10 10
Midterms
1 15 15
Final exam
1 20 20
Other
0 0 0
Total workLoad
151
Total workload / 25 (hours)
6.04
ECTS
6.00