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International Commercial Arbitration: Legal Framework and Procedure Presentation

Explore private dispute resolution as an alternative to courts in commercial contracts, focusing on Norwegian Arbitration Act for both international and domestic arbitration. Learn about commercial and investment arbitration, the arbitral tribunal, procedure, and awards.

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International Commercial Arbitration: Legal Framework and Procedure Presentation

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  1. International Commercial Arbitration Presentation University of Oslo Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University

  2. Arbitration • Private settlement of disputes • Alternative to courts • Most commercial contracts contain an arbitration clause

  3. 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

  4. 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)

  5. The function of arbitration. Legal framework; The arbitration agreement (effects, capacity, validity, separability, kompetenz-kompetenz); The arbitral tribunal: ad hoc or institutional, seat, constitution; The procedure: legal framework, law applicable to the procedure, law applicable to the substance; The arbitral award, its effects, the court's control; The difference between commercial arbitration and investment arbitration; Investment arbitration: special features; , 9. and 10. Mock case 11. Summary

  6. Mock case • Three teams: • Claimant • Respondent • Arbitral Tribunal

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