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International Commercial Arbitration Presentation University of Oslo Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University
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Arbitration Private settlement of disputes Alternative to courts Most commercial contracts contain an arbitration clause
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International and domestic Both international contracts and domestic contracts contain arbitration clauses Many sources are international – they represent a uniform law. The Norwegian Arbitration Act (voldgiftsloven) is based on a harmonised model law and applies equally to international and domestic arbitration
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Commercial arbitration and investment arbitration The course deals mainly with commercial arbitration (between parties to a commercial relationship) Also investment arbitration is presented (between foreign investor and host state and relating to treatment of the investment)
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1.The function of arbitration. Legal framework; 2.The arbitration agreement (effects, capacity, validity, separability, kompetenz- kompetenz); 3.The arbitral tribunal: ad hoc or institutional, seat, constitution; 4.The procedure: legal framework, law applicable to the procedure, law applicable to the substance; 5.The arbitral award, its effects, the court's control; 6.The difference between commercial arbitration and investment arbitration; 7.Investment arbitration: special features; 8., 9. and 10. Mock case 11. Summary
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Mock case Three teams: –Claimant –Respondent –Arbitral Tribunal
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