LAW3771 International ArbitrationBahçeşehir UniversityDegree Programs LAWGeneral Information For StudentsDiploma SupplementErasmus Policy StatementNational QualificationsBologna Commission
LAW
Bachelor TR-NQF-HE: Level 6 QF-EHEA: First Cycle EQF-LLL: Level 6

Course Introduction and Application Information

Course Code Course Name Semester Theoretical Practical Credit ECTS
LAW3771 International Arbitration Fall 0 2 1 4
This catalog is for information purposes. Course status is determined by the relevant department at the beginning of semester.

Basic information

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.

Learning Outcomes

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.

Course Content

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.

Weekly Detailed Course Contents

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

Sources

Course Notes / Textbooks: Yok
References: Yok

Evaluation System

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

ECTS / Workload Table

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

Contribution of Learning Outcomes to Programme Outcomes

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