Duration
1 year
Training structure
Faculty of Law and Political Science
Presentation
DU Arbitration Law: theoretical and practical training in domestic and international arbitration.
Training benefits
Manager(s)
Me Caroline Duclercq
Telephone: 01 79 97 93 00
Mail : cduclercq @ altanalaw.com @
Prof. Carine Jallamion
Mail : carinejallamion @ gmail.com @
Telephone: 33 (0)4 34 43 29 38
Objectives
The aim is to provide students and professionals with additional training in arbitration law, both domestic and international, mainly in private law. The course is of interest above all to those wishing to specialize in business law.
The DU aims to present arbitration first through its fundamentals (its history, its philosophy), then by following the progress of an arbitration proceeding, from the arbitration agreement to the enforcement of the award and any appeals. Students and professionals alike will thus acquire both theoretical and practical knowledge of arbitration, a fast-growing dispute resolution method.
In order to attract the largest possible number of professionals specializing in arbitration law, and to reach both students and professionals interested in arbitration, the DU will be taught by distance learning, via the University of Montpellier's TITAN platform.
Know-how and skills
All courses are taught by arbitration specialists, whether academics or lawyers. Professors from various universities are likely to be involved, as are lawyers from major international business law firms. Foreign practitioners will also be able to give an overview of comparative arbitration law. Papers will be presented in French or English.
Organization
Knowledge control
- On-line MCQs every month
- 3-hour written exam, compulsory attendance in Montpellier for half a day at the end of the academic year (end of June or beginning of July)
- Graduation requires an overall average of at least 10/20.
Program
Indicative program, subject to slight variations from year to year.
I. Arbitration law, domestic and international (30 h)
1. Introduction
- Theory and definition of arbitration
- History of arbitration
2. Arbitration agreements
- Arbitrability of disputes
- Arbitration clauses in domestic and international law
- Ad hoc arbitration
- Institutional arbitration
3. The arbitral body
- The arbitral tribunal
- The arbitrator's contract
- The arbitral mission
- The arbitral procedure
- The judge in support of arbitration
- The arbitrator's liability
4. The arbitral award, enforcement and remedies
- The arbitral award under domestic and international law
- Enforcement and remedies under domestic and international law
II. Arbitration and special rights (20 hours)
- Arbitration and competition law
- Arbitration and corporate law
- Arbitration and public bodies
- Arbitration and environmental law
- Arbitration and insurance
- Arbitration and construction
- Arbitration and intellectual property
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III. Practical arbitration (40 hours)
- The training of arbitration professionals and the development of an arbitral community, from the point of view of the Arbitration Centre
- Drafting arbitration clauses
- Drafting pleadings
- The costs of arbitration
- Arbitration in the Arab world
- Arbitration in Latin America
- Investment arbitration
- The discovery procedure : Discovery common law /civil law: first approach
- Written and oral evidence in arbitration
- The emergency arbitrator
- Arbitration practices
Admission
Access conditions
Selection by application.
Students must be enrolled in Master 2 to be eligible for the DU (level bac +5 in progress).
Professional experience will be considered for professionals.
Target audience
Master 2 students and professionals wishing to receive comprehensive training in arbitration law.
Recommended prerequisites
Knowledge of French and foreign law of obligations, private international law, business law and procedure.
And then
Professional integration
Law firms, Arbitration department