DESCRIPTION OF COURSE UNIT


1.

Code

Course unit title

Title of the degree programme

LLL17B000521

International and National Arbitration

Elective subject


2.

Name of lecturer(s)

Departament(s)

Coordinator: Assoc. Prof. Dr. Natalija Kaminskienė

Institute of Private Law


3.

Cycle of course unit

Level of course unit

Type of course unit

I

0

Optional


4.

Mode of delivery

Year of study and semester when the course unit is delivered

Language of instruction

Face to face

2 semester

English


5.

Study requirements

Prerequisites:

Co-requisites:

Work placement(s):

not aplicable

not aplicable

not aplicable


7.

Number of ECTS credits allocated

Student's workload

Contact work hours and planned learning activities

Independent work hours

6

162

66

96


8.

Purpose of the course unit

The course is designed for students to get acquainted with one of the most popular method of commercial dispute resolution – arbitration. Main fields of studies of the course are connected with genesis and development of arbitration, specifics of commercial disputes and its parties, main principles of arbitration, relation of this process to litigation and other alternative dispute resolution methods, requirements for arbitrators and process of arbitration. The aim of the course is to reveal the peculiarities of international and domestic arbitration and specific of these processes. The students will gain knowledge of origin of arbitration, its concept and main rules, as well as how this process is carried on both in domestic and international levels.

Learning outcomes of the course unit

Teaching and learning methods

Assessment methods

Acquired a systematic knowledge and understanding of arbitration as an alternative to the litigation, the peculiarities of this process and its relation with litigation and other alternative dispute as well as its advantages and disadvantages. Acquired the ability to participate in the arbitration process effectively as well as knowledge how to organize and manage the process of dispute resolution using arbitration.

Lectures, seminars, panel discussions, case studies, literature studies, material presentation in class.

Testing of theoretical knowledge and practical skills. Evaluation of final paper. Final exam.


9.

Course contens

Topics

Contact work hours and planned learning activities

Independent work hours and tasks

Tasks

The concept of alternative dispute resolution and the place of arbitration in system of it

4

4

8

6

Work with literature, preparation for discussion, participation in discussion, case study.

Concepts of commercial dispute, arbitration, arbitrator

2

2

4

6

Work with literature, preparation for discussion, participation in discussion, case study.

Advantages and disadvantages of arbitration

2

2

4

5

Work with literature, preparation for discussion, participation in discussion, case study.

Main principles of arbitration

4

4

8

5

Work with literature, preparation for discussion, participation in discussion, case study.

Genesis of arbitration and main permanent arbitration institutions.

2

2

4

4

Work with literature, preparation for discussion, participation in discussion, case study.

Legal regulation of arbitration in national and international levels.

2

2

4

5

Work with literature, preparation for discussion, participation in discussion, case study.

Institutional arbitration.

2

2

4

6

Work with literature, preparation for discussion, participation in discussion, case study.

Ad hoc arbitration.

2

2

4

6

Work with literature, preparation for discussion, participation in discussion, case study.

Arbitration agreement and arbitration clause

4

4

8

6

Work with literature, preparation for discussion, participation in discussion, case study.

Process of arbitration

2

2

4

6

Work with literature, preparation for discussion, participation in discussion, case study.

Arbitral award, its recognition and enforcement

2

2

4

5

Work with literature, preparation for discussion, participation in discussion, case study.

Peculiarities of international and domestic arbitration

4

4

8

10

Work with literature, preparation for discussion, participation in discussion, case study.

Exam

2

2

26

Work with literature

Overall

32

32

2

66

 

96

 


10.

Assessment strategy

Weighting percentage

Period or date of assessment

Assessment criteria

Tasks performance in seminars

15

at the end of semester

Active participation in the seminar, individual insights into the presentation, analysis, comments of the individual arbitration aspects. Assessment in 10-point grading scale. The assessment is following: 10 points – actively participates in discussions, replies to questions, formulates problems, makes critical remarks, performs all group and individual tasks; participation percentage – 90 %; 9 points - actively participates in discussions, replies to questions, formulates problems, makes critical remarks, performs all group and individual tasks; participation percentage – 80 %; 8 points - actively participates in discussions, replies to questions, formulates problems, makes critical remarks, performs all group and individual tasks, there is occurrence of some insignificant mistakes; participation percentage – 70 %; 7 points - actively participates in discussions, replies to questions, formulates problems and questions, makes critical remarks, performs two-thirds of group and individual tasks qualitatively, there is occurrence of some insignificant mistakes; participation percentage – 60 %; 6 points - participates in discussions, replies to questions, formulates problems and questions, performs half of group and individual tasks, there is occurrence of some mistakes; participation percentage – 50 %; 5 points - participates in discussions, replies to questions, performs less than half of group and individual tasks, there is occurrence of some significant mistakes; participation percentage – 50 %; 4-1 point(s) – participates in discussions, one-third of tasks has been performed qualitatively, participation percentage lower than 50 %. 0 points: tasks have not been performed/ have been performed not qualitatively, no participation in the seminars.

Presentation

15

during the semester

A comprehensive and coherent answers to the topic. Assessmen in 10-point grading scale. The assessment is following: 10: excellent knowledge and skills. 9: very good knowledge and skills. 8: good knowledge and skills, there might occur some insignificant mistakes. 7: mediocre knowledge and skills, there are mistakes. 6: knowledge and skills are lower than mediocre, there are (significant) mistakes. 5: knowledge and skills still comply with minimum requirements. Many mistakes. 4-0: minimum requirements not fulfilled.

Colloquium

20

during the semester

A comprehensive and coherent answers to the questions during the colloqium. Assessment in 10-point grading scale. The assessment is following: 10: excellent knowledge and skills. 9: very good knowledge and skills. 8: good knowledge and skills, there might occur some insignificant mistakes. 7: mediocre knowledge and skills, there are mistakes. 6: knowledge and skills are lower than mediocre, there are (significant) mistakes. 5: knowledge and skills still comply with minimum requirements. Many mistakes. 4-0: minimum requirements not fulfilled.

Examination

50

at the end of semester

A comprehensive and coherent answers to the questions during the exam. Assessment in 10-point grading scale. The assessment is following: 10: excellent knowledge and skills. 9: very good knowledge and skills. 8: good knowledge and skills, there might occur some insignificant mistakes. 7: mediocre knowledge and skills, there are mistakes. 6: knowledge and skills are lower than mediocre, there are (significant) mistakes. 5: knowledge and skills still comply with minimum requirements. Many mistakes. 4-0: minimum requirements not fulfilled.