Cursos / 2º Ciclo / Faculty of Law :: Law

ARBITRAGEM COMERCIAL - 2022/2023

1º curricular year
Semestralidade: 2nd semester
ECTS: 7.5

Teachers

Leading Teacher: Prof. Doutor Fernando Dias Simões
Assistant Professor: Prof. Doutor Fernando Dias Simões

Class type and School hours

Orientação Tutorial : 1 Horas
Teórica : 1 Horas

Teaching Language

Portuguese

Main Aims/Objectives

This course seeks to provide students with an overview of the advantages, principles and regulatory framework applicable to commercial arbitration. Combining theoretical and practical perspectives, it covers the requirements for the validity of the arbitration agreement, the jurisdiction of the arbitral tribunal, the dynamics of arbitral procedure and the recognition and enforcement of arbitral awards, taking also into account the specificities of international arbitration.

Specific Aims/Objectives

• analyze the main objectives and requirements of commercial arbitration
• examine the different elements necessary for an arbitration agreement to be valid and enforceable
• know the typical steps of an arbitration procedure
• understand potential difficulties associated with challenging and enforcing foreign arbitral awards
• introduce students to the practical reality of commercial arbitration

Skills to be acquired

Students should be able to:
• Explain the principles, sources and essential rules of commercial arbitration
• Draft a valid and enforceable arbitration agreement
• Explain the typical structure of the arbitration process
• Identify the requirements for annulment of the arbitral award and the requirements for its enforcement
• Solving practical cases applying the relevant legal norms and soft law rules

Teaching Procedures

While the course is based on the theoretical discussion of the concepts and fundamental rules of commercial arbitration, this analysis will be complemented with a practical dimension, through the drafting of arbitration agreements and other procedural documents and case study. Relevant national and international case law will also be discussed.

Programme

1. Introduction
2. The arbitration agreement
3. Arbitrators and the arbitral tribunal
4. Jurisdiction of the arbitral tribunal
5. Parties and third parties
6. Interim measures and preliminary orders
7. Arbitral procedure
8. The arbitral award
9. Annulment of the award
10. Enforcement of the award
11. International arbitration
12. Recognition and enforcement of foreign arbitral awards

Evaluation Type

Written exam – 75%
Class participation – 25%

Teaching Resources

Additional resources will be made available on Moodle.

Sustainability Objectives

Keywords

Arbitration
Arbitration agreement
Arbitral commitment
Arbitration clause
Arbitral award
Recognition and enforcement of arbitral awards

Main Bibliography

Complementary Bibliography