International Business Disputes - Fundamentals

DESCRIPTION

This course addresses fundamental issues arising in the practice of international business disputes. It will be devoted to issues of international jurisdiction and parallel proceedings arising before state courts, in particular under the Swiss PIL Act, Brussels Ia Regulation and Lugano Convention. The course will also address issues of jurisdiction and parallel proceedings arising before arbitral tribunals (in particular under the Swiss PIL Act and the New York Convention, but also including a comparative law analysis).

This course is one of the mandatory courses for participants to the CAS IBD. It is also open, on an optional basis, to participants to the LL.M. in International Business Law: for them, however, it is not credited.

Day 1 (Thursday) will mainly be devoted to issues of international commercial litigation, in particular to questions of the jurisdiction of the competent court and of parallel proceedings. Please note that this first day of course is conceived as a (very) condensed version of the Fall term course on International Commercial Litigation. Participants who have already attended that course (whether as LL.M. or MLaw students), do not need to attend this first day of class, although they are of course welcome to do so.

Day 2 (Friday) is mainly focused on issues of international commercial arbitration. Please note that this second day of the course is conceived as a (very) condensed version of the Spring term course on International Commercial Arbitration. Participants who have already attended that course, or are attending it in this term (whether as LL.M. or MLaw students), do not need to attend this second day of class, although they are of course welcome to do so.

For LL.M. participants that have not attended International Commercial Litigation or International Commercial Arbitration, the course of IBD Fundamentals is a useful short introduction to these topics. For such participants, attendance to this course is also strongly recommended if they plan to attend (later this term) the courses of International Litigation Advanced and International Arbitration Advanced, as well as other courses in the area of dispute resolution.