Duration
1 year
Training structure
Faculty of Law and Political Science
Presentation
DU Arbitration Law: theoretical and practical training in domestic and international arbitration.
The advantages of the training
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
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 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 possible appeals. Students and professionals alike will thus be able to acquire both theoretical and practical knowledge of arbitration, a fast-growing dispute resolution method.
In order to solicit the greatest number of professionals specialized in arbitration law, and to reach a public, both student and professional, interested in arbitration, the DU courses will be taught at a distance, via the TITAN platform of the University of Montpellier.
Know-how and skills
All courses are taught by arbitration specialists, whether they are 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.
Organization
Knowledge control
- MCQ online every month
- Written exam of 3 hours, compulsory presence in Montpellier for half a day at the end of the academic year (end of June or beginning of July)
- The obtaining of the diploma supposes a general average higher or equal to 10/20
Program
Indicative program, likely to 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 supporting 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. Practice of arbitration (40 hours)
- The training of arbitration actors and the development of an arbitral community, the point of view of the arbitration center
- 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
Admission
Conditions of access
Selection on file.
Students must be enrolled in a 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, professionals who wish to receive a complete 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