Law - Political Science - Administration

OF ARBITRATION LAW

  • Duration

    1 year

  • Training structure

    Faculty of Law and Political Science

Presentation

DU Arbitration Law: theoretical and practical training in domestic and international arbitration.

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The advantages of the course

Person(s) in charge
Me Caroline Duclercq
Telephone: 01 79 97 93 00
Mail : cduclercq @ altanalaw.com
Pr. Carine Jallamion
Mail : carinejallamion @ gmail.com
Telephone: 33 (0)4 34 43 29 38

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Objectives

The objective is to offer students and professionals a complementary training, dedicated to arbitration law, both domestic and international, essentially in private law. The course is of interest above all to those who wish to specialise in business law.
The DU aims to present arbitration firstly through its fundamentals (its history, its philosophy), then by following the progress of an arbitration case, from the arbitration agreement to the enforcement of the award and any possible appeals. Students and professionals alike will thus be able to acquire both theoretical and practical knowledge of arbitration, a fast-growing method of dispute resolution.
In order to attract as many professionals specialising in arbitration law as possible, and to reach a public, both students and professionals, interested in arbitration, the DU courses will be taught at a distance, via the TITAN platform of Montpellier University.

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Know-how and skills

All courses are taught by arbitration specialists, whether academics or lawyers. Professors from different universities are likely to intervene, as well as lawyers belonging to major international business law firms. Foreign practitioners will also be able to give an overview of comparative arbitration law. The presentations will be given in French or English.

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Organization

Control of knowledge

- MCQs online every month
- Written exam of 3 hours, compulsory attendance in Montpellier for half a day at the end of the academic year (end of June or beginning of July)
- To obtain the diploma, the student must have an average grade of 10/20 or higher.

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Programme

The programme is indicative and may vary slightly 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 the arbitration
- The arbitrator's liability
4. The arbitral award, enforcement and remedies
- The arbitral award in domestic and international law
- Enforcement and remedies in domestic and international law

II. Arbitration and special rights (20 hours)

- Arbitration and Competition Law
- Arbitration and Corporate Law
- Arbitration and Public Persons
- Arbitration and Environmental Law
- Arbitration and Insurance
- Arbitration and Construction
- Arbitration and Intellectual Property
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III. Arbitration practice (40 hours)

- The training of arbitration actors and the development of an arbitration community, the point of view of the arbitration centre
- Drafting of the arbitration clause
- Drafting of 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

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Admission

Conditions of access

Selection on the basis of applications.
Students must be enrolled in a Master 2 programme to be eligible for the DU (level bac +5 in progress).
Professional experience will be considered for professionals.

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Target audience

Master 2 students, professionals who wish to receive a complete training in Arbitration Law.

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Recommended prerequisites

Knowledge of French and foreign law of obligations, private international law, business law and procedure.

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And then

Professional integration

Law firms, Arbitration Department

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