1. INTERNATIONAL ARBITRATION Domenico Di Pietro STUDYING LAW AT ROME TRE FALL SEMESTER 4 October 2010

2. WHAT IS IT?

3. THE PROS AND CONS OF INTERNATIONAL ARBITRATION

4. Neutrality Flexibility Efficiency/Speed Economy Confidentiality Enforceability of Awards Economy? Confidentiality? Efficiency/Speed? Independence and Impartiality

5. DISPUTE RESOLUTION IN INTERNATIONAL TRADE Source QMUL-SIA/PWC 2006 Survey

6. WHY INTERNATIONAL ARBITRATION? Source QMUL-SIA/PWC 2006 Survey

7. WHICH ARBITRATION? Ad hoc arbitration (or non-administered) - Popular with sovereign States - law of the place of arbitration fills the gaps) or - UNCITRAL Rules - pros and cons (not allowed in China) Institutional (or administered) - (ICC, LCIA, CIETAC, HKIAC, SIAC, AAA/ICDR, Stockholm, Milan etc) - costs (hourly basis vs ad valorem) - default provisions (arbitrators, place, powers etc) - pros and cons

8. SCOPE OF THE COURSE INTERNATIONAL arbitration as a phenomenon Historical background and legislative framework Which international arbitration? Arbitration agreements - doctrine of autonomy - validity applicable law - problematic privity The lex arbitri Arbitral tribunals, formation - Independence and Impartiality - competence/competence - powers International arbitration procedure(s) The law governing the dispute The arbitral award – challenges and setting aside Recognition and enforcement of arbitral awards “Special” Arbitrations

9. AIM OF THE COURSE DEVELOPING A DYNAMIC KNOWLEDGE OF INTERNATIONAL ARBITRATION DEVELOPING THE ABILITY TO IDENTIFY ISSUES ACQUIRING THE CONFIDENCE TO SOLVE SUCH ISSUES WORKSHOPS AND PRACTICAL EXERCISES (DRAFTING AND PLEADING)