The Evolution of International Arbitration

At the end of the course, participants will be able to:

• Compare and contrast international commercial arbitration (ICA) with international investment arbitration (ISA), analyzing key differences in procedures, substantive law, and outcomes;
• Examine the evolution of arbitration as a distinct legal system, tracing the development of procedural and substantive aspects that have contributed to its autonomy and efficacy;
• Evaluate the influences shaping the evolution of the arbitral order, including the role of arbitral centers, state regulatory competition, and tribunal reasoning, to understand the factors driving arbitration's transformation into a more judicial-like legal order; and
• Analyze a range of explanations for the evolution of the arbitral order, synthesizing theories and perspectives to gain a comprehensive understanding of the forces shaping contemporary international arbitration practices.

What You'll Learn

This course is offered under the Faculty of Law's Graduate Coursework Programmes in International Arbitration & Dispute Resolution.

The course has three distinctive features. First, it compares international commercial arbitration (ICA) international investment arbitration (ISA). Second, it focuses on the evolution of arbitration, in particular, on the development of the procedures and substantive law that have gradually enabled arbitration to become a meaningfully autonomous legal system. Third, it surveys a variety of explanations for why the arbitral order has evolved as it has "“ into a more judicial-like legal order "“ focusing on the role of arbitral centres, state regulatory competition, and the reasoning of tribunals in their awards.

Minimum Entry Requirement

A good Bachelor's or Juris Doctor degree in Law