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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.