OADS 2080 - Twilight issues in international arbitration: a practical approach

This workshop will provide students with an advanced understanding of "twilight issues" in international arbitration, i.e. complex procedural issues for which there is limited guidance in traditional legal sources. Through practical exercises, students will examine critical challenges such as the enforcement of pre-arbitral steps, their impact on the jurisdiction of the arbitral tribunal, and their binding or non-binding nature. The course will also address issues of document production, particularly in relation to legal privilege and confidentiality across jurisdictions. Finally, students will analyse the scope and limits of the tribunal's powers to sanction a party's conduct during the proceedings. This practice-oriented approach prepares future practitioners with the analytical tools to navigate these complex challenges.

Liana CERCEL,Carine DUPEYRON,Marcos BARRADAS

Atelier

English

The case study will be communicated to the students prior to the course, together with several articles relating the procedural issues to be addressed during the class.

None

Spring 2024-2025

Students will be assessed based on the quality of their preparation, the strategy that they will set up during the course for the mock trials/arbitration and the actual oral arguments that they will present during the mock trials/arbitration.