LAW | |||||
Bachelor | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF-LLL: Level 6 |
Course Code | Course Name | Semester | Theoretical | Practical | Credit | ECTS |
LAW3771 | International Arbitration | Fall Spring |
0 | 2 | 1 | 4 |
This catalog is for information purposes. Course status is determined by the relevant department at the beginning of semester. |
Language of instruction: | English |
Type of course: | Departmental Elective |
Course Level: | Bachelor’s Degree (First Cycle) |
Mode of Delivery: | Face to face |
Course Coordinator : | Prof. Dr. BURAK HUYSAL |
Course Lecturer(s): |
Dr. Öğr. Üyesi AHU AYANOĞLU Dr. Öğr. Üyesi AYŞE İPEK SARIÖZ BÜYÜKALP |
Recommended Optional Program Components: | None |
Course Objectives: | The main objective of the course is to give vision on the international arbitration law which is commonly used as an alternative dispute resolution instead of claiming before state courts. |
The students who have succeeded in this course; I. Define the concepts of “Arbitration” And “International Arbitration ” in International Arbitraiton Law. II. Recognise the concepts of “International Commercial Arbitration” and “International Investment Arbitration”. III. Recognize the advantages and disadvantages of the arbitration. IV. Analyse of the Turkish International Arbitration Act. V. Recognize certains problems arising out of the arbitration clauses in practise. VI. Recognise specific methods for drafting arbitration agreements. VII. Prepare a statement of claims and defence in arbitration proceedings. VIII. Recognize and simulate an arbitration hearing. IX. Recognise the appeal and the recognition and enforcement procedures of the final arbitral award. X. Analyse of different judgments of International Arbitration Tribunals in International Commercial and Investment Arbitration. |
The course is structured in three parts. 1. First part aims students to understand what the notion of arbitration and international arbitration 2. Second part will concentrate on the arbitral procedures 3. The third part will cover the drafting of a statement of claim and defence and the arbitral award in arbitration procedure and the mood court. |
Week | Subject | Related Preparation |
1) | Introduction: Concepts of “Arbitration” and “International Arbitration” | None |
2) | Arbitration clauses and agreements | None |
3) | Conflict of laws issues in international commercial arbitraiton. | None |
4) | Rules of arbitration procedure | None |
5) | The set-aside procedure of arbitral final awards | None |
6) | The recognition and enforcement problems | None |
7) | Introduction: International Investment Arbitration | None |
8) | Review | |
9) | Main problems arising out of an investment dispute | None |
10) | ICSID Arbitration | None |
11) | The set-aside procedure in ICSID Arbitration | None |
12) | Draft of a statement of claim and defence in arbitration procedure | None |
13) | General repetition and overview of courses | None |
14) | Moot Court | Preperation for moot court |
Course Notes / Textbooks: | Yok |
References: | Yok |
Semester Requirements | Number of Activities | Level of Contribution |
Homework Assignments | 3 | % 10 |
Midterms | 1 | % 30 |
Final | 1 | % 60 |
Total | % 100 | |
PERCENTAGE OF SEMESTER WORK | % 40 | |
PERCENTAGE OF FINAL WORK | % 60 | |
Total | % 100 |
Activities | Number of Activities | Duration (Hours) | Workload |
Course Hours | 16 | 2 | 32 |
Study Hours Out of Class | 14 | 1 | 14 |
Homework Assignments | 4 | 4 | 16 |
Midterms | 1 | 15 | 15 |
Final | 1 | 25 | 25 |
Total Workload | 102 |
No Effect | 1 Lowest | 2 Low | 3 Average | 4 High | 5 Highest |
Program Outcomes | Level of Contribution | |
1) | List the relations between concepts and institutions related to various legal disciplines and this concepts and institutions. | 4 |
2) | Have the knowledge of legal methodology and methods of comment. | 3 |
3) | Comment the modern legal gains with the historical knowledge. | 3 |
4) | Have the knowledge of philosophical currents of thought which are the bases of legal rules. | 3 |
5) | Have the knowledge of legal regulations, judicial decisions and the scientific evaluations related to them. | 4 |
6) | Resolve the juridical disagreements in light of legal acts, juridical decisions and doctrine. | 4 |
7) | Use at least one foreign language as scientific language. | 5 |
8) | Have the knowledge of the political and juridical foundation of the state. | 3 |
9) | Have the knowledge of the historical development of the rights of individuals and societies and of the basic documents which are accepted throughout this development. | 3 |
10) | Have the ability to resolve the disagreements which can violate the social order in national or international level. | 3 |
11) | Have the ability to prevent the juridical disagreements between individuals. | 5 |
12) | Have the knowledge of international and comparative law systems. | 4 |
13) | Have the knowledge of the construction and the conduct of the national and international commercial relations. | 5 |
14) | Use Turkish in an efficient way both verbal and written. | 3 |
15) | Have the professional and ethical responsibility. | 3 |
16) | Have the knowledge on the European Union’s legislation and institutions. | 3 |
17) | Have the knowledge on juridical regulations and applications related to economical and financial mechanisms. | 3 |
18) | Have the knowledge of the operation of the national and the international judicial bodies. | 4 |