The course provides an overview of different techniques for the resolution of international disputes, with a particular focus on international arbitration and court litigation. When should a party choose one over the other? What are the advantages and disadvantages of arbitration, as opposed to court litigation? How should arbitration and choice-of-court agreements be drafted, and how can their enforcement be ensured? And how can arbitral awards and court judgments be recognised and enforced abroad?
The course will examine the recent decisions of the Hoge Raad and the Court of Justice of the European Union, as well as compare the Dutch approach with the solutions adopted in other legal systems.
When two parties enter into an international contract, they often underestimate the importance of dispute resolution clauses: often, the parties proceed on the assumption that the contract will simply not give rise to any dispute at all. If this assumption proves wrong, the consequences can be very serious: parallel litigation in multiple national courts, unenforceable arbitration clauses, unsustainable legal costs and torpedo actions are only some of the risks that the parties face in this setting.
Participants will be able to identify the key factors that should be taken into account, when developing a reliable dispute resolution strategy for a client. They will also be able to identify the available dispute resolution fora, choose the most desirable one, and negotiate and draft enforceable agreements in the best interest of their clients.
This course is part of the Commercial Law programme.
Some of the topics covered:
- Introduction to the main differences between international arbitration and cross-border litigation;Drafting and enforcing arbitration clauses;
- Drafting and enforcing choice-of-law clauses;
- Parallel proceedings and torpedo actions;
- Recognition and enforcement of arbitral awards;
- Recognition and enforcement of court judgments in the European Union and outside of the European Union.
Lawyers, company lawyers/legal counsels, legal professionals in financial services