Download Tsinghua Law School International Arbitration and Dispute

Welcome from
course directors
International
Arbitration and Dispute
Settlement Program
The significance of international arbitration cannot be undermined. With the
growing number of cross-border commercial transactions, inbound or outbound
investment, the study of the subject is of prime importance in the wake of the
global economy. We hope to enable students and practitioners from different
cultural backgrounds and legal systems to study and work together. We aim to
place more emphasis on practice and to create a cross-cultural environment for
the study of this subject.
Prof. Teresa Cheng
GBS SC JP
Prof. Che Pizhao
Ph.D. supervisor
Introduction
The International Arbitration and Dispute Settlement (IADS)
program is designed to offer a blend of academic and practical
training in a broad range of subjects related to resolving
international disputes with a strong emphasis on practice. The
courses are taught by leading practitioners and professors, all
of whom have abundant invaluable experience and
comprehensive insight in the field of international arbitration.
China has been a major destination for foreign direct
investment and now a growing capital exporting country. This
program offers an opportunity for participants to gain
knowledge of the specificities of Chinese international
arbitration.
The IADS program aims to provide participants with a solid
and comprehensive understanding of international dispute
settlement via a practice-oriented approach. The courses are
conducted in English. A typical curriculum includes:
8 mandatory courses providing both comprehensive
overview of and key insights into international dispute
settlement.
Various elective courses relating to international dispute
settlement, international law and business law taught by
professors from all over the world.
Reading Salons / tutorials held in small groups to
consolidate the learning and discuss problems.
Clinical workshops in legal writing and advocacy in
arbitration.
Site visits to international dispute settlement institutions,
like CIETAC and BAC.
Attendance to conferences and seminars.
For Prospective LL.M. Students
Students are admitted for one/two academic years of study
leading to the degree of LL.M. Candidates from all jurisdictions
with Bachelor’s Degree in Law or related areas can apply.
Students to the IADS program may be considered for:
Sponsorship to participate in international moot competitions
like the Willem C. Vis International Commercial Arbitration
Moot, the Frankfurt Investment Arbitration Moot Court and
the ELSA Moot Court Competition.
Internship at leading law firms, barrister chambers and
arbitral institutions in various jurisdictions like mainland
China and Hong Kong.
A Dual Degree program according to the memoranda of
understanding Tsinghua Law School signed with the
Geneva Law School and the Georgetown University Law
Center.
For application, please visit:
http://www.tsinghua.edu.cn/publish/lawen/8091/index.html
For Practitioners
The program is opened to practitioners, including local and
foreign lawyers, arbitrators, in-house legal counsel and people
who are interested in international arbitration.
Candidates may also choose specific module instead of the
full program, and will be awarded a Certificate of that module
after satisfactory completion.
The lectures are generally given on weekday evenings and
weekends in Mingli Building, School of Law, Tsinghua
University, Beijing.
For application, please e-mail: [email protected].
Contact Us
Tel: +86-10-62786153/62772172
E-mail: [email protected]
Website: http://www.tsinghua.edu.cn/publish/lawen/8091/index.html
Tsinghua University
School of Law
Course Overview
Fall Semester
1.BASIC CONCEPTS OF INTERNATIONAL ARBITRATION
Prof. Gary Born, Chairman, SIAC; Partner, Wilmer Hale
This course would provide an overview of the theoretical framework and features of international arbitration. Aimed at
providing students with a comprehensive understanding of the core concepts in this filed, the course will cover such key
concepts as arbitration agreement, jurisdiction of the tribunal, the arbitration procedures and the recognition and
enforcement of awards.
2. UNCITRAL MODEL LAWS AND ARBITRATION RULES
Prof. Teresa Cheng, Senior Counsel, Des Voeux Chambers; Chairman, HKIAC; Chairman of Financial Dispute
Resolution Centre
The Model Law was firstly promulgated by UNCITRAL in 1985, updated in 2006, and the new Arbitration Rules in
2010.The course will discuss the most widely adopted principles and rules in international arbitration and examine cases
from various jurisdictions on this instrument.
3.CHINESE ARBITRATION SYSTEM AND CHINESE INTERTIONAL ARBITRATION
Prof. Jingzhou Tao, Managing Partner, Dechert LLP Beijing Office; Chair, Commission on International
Commercial Arbitration of ICC China
This course will discuss the trend and problems of developing international commercial arbitration in mainland China, as
well as domestic arbitration legislation and related cases. Lectures will be given by practitioners in international
commercial arbitration in the region who will share with students the issues arising in their field of practice. Arbitration
rules in various arbitration institutions will also be covered.
4.INVESTMENT ARBITRATION
Prof. Andrea K. Bjorklund,
Professor, the School of Law in
McGill University; Chairman,
Academic Committee in
Transnational Arbitration
Association.
Spring Semester
Meg Kinnear, Secretary-General, International Center for
Settlement of Investment Disputes.
Investment arbitration conducted under the UNCITRAL rules
or under the auspices of ICSID is increasingly being invoked
in relation to disputes involving investor and states. This
course will provide an overview of investment law, focusing on
the features of Bilateral Investment Treaty and procedures
and practice of ICSID.
1.ENFORCEMENT OF ARBITRAL AWARDS
Prof. Albert Jan van den Berg, Professor, Erasmus University, Rotterdam; Partner, Hanotiau & van den Berg,
Chairman, International Council of Commercial Arbitration (ICCA).
The New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards is the single most
important legal text in international commercial arbitration, as it defines the international currency of international
arbitration agreements and arbitral awards. The module will examine the cases on recognition and enforcement of
arbitration agreements and arbitral awards under the Convention in various jurisdictions. It will also focus on the
jurisprudence emanating from the court decisions on how various jurisdictions interpret the Convention.
2.WTO DISPUTE RESOLUATION
Prof. Yuejiao Zhang, Chairperson, the Appellate Body of WTO; Vice-chairman, Chinese Society of
International Economic Law.
The course provides a basic understanding in WTO law and the practice and procedures of the Appellate
Body of the WTO. An overview of WTO dispute resolution procedures will also be presented.
3.INTERNATIONAL ARBITRATION IN ASIA
Prof. Justin D'Agostino, Global Head, Dispute Resolution Practice of Herbert Smith Freehills LLP; Council
Member, Hong Kong International Arbitration Center.
The course will explore the current trends and issues arising from international commercial arbitration in various
jurisdictions in Asia. The domestic arbitration legislations adopted in different countries of the region and the relevant
cases from each jurisdiction will be covered. The jurisdictions to be covered in Asia include Mainland China, Taiwan, Hong
Kong, Singapore, Korea, Australia and New Zealand.
4.PREPARATION AND PRESENTATION OF CASE IN INTERNATIONAL ARBITRATION
Prof. Teresa Cheng, Senior Counsel, Des Voeux Chambers; Chairman, HKIAC; Chairman of
Financial Dispute Resolution Centre
This course will highlight the importance of evidence and focus on the different approaches in preparing
and presenting a case in international arbitration in various jurisdictions. The module will offer students
the opportunity to learn to prepare and present their case both in writing and orally through mock
scenarios. Documentary evidence, oral evidence of fact witnesses and expert evidence will be covered.