KDEC 6075 - Dispute resolution

BRILLAT William & Esperanza BARRON BARATECH : This course introduces students to the fundamental principles of the resolution of business disputes in a global context. Students will be asked to consider the interests of all stakeholders in such disputes.

A particular focus is given to international arbitration, which is the preferred and natural mechanism for the resolution of transnational business disputes. The course traces the full life-cycle of an arbitration: from the choice of dispute resolution mechanism and the drafting of arbitration agreements, through the constitution of the arbitral tribunal, the management of evidence and hearings, the use of interim measures and emergency arbitration, and ultimately the enforcement under the New York Convention and collection of awards. Dedicated sessions address the role of States in dispute resolution, specialized forms of arbitration, and the practical realities of turning a paper award into recovered assets.

The course further draws comparisons with other methods of dispute settlement — negotiation, mediation, conciliation, expert determination and litigation — and examines emerging topics such as the impact of AI tools on arbitral procedure and the growing wave of ESG-related litigation. The in-house counsel's perspective is also explored, providing students with a client-side view of how businesses select and manage dispute resolution processes.

The course has a strong practical dimension. Guest speakers from industry bring additional real-world insight throughout the semester. Students are expected to participate actively in discussions and to prepare for each session by reading the materials distributed in advance..

THEDY Julia : This course introduces students to the theory and practice of transnational dispute resolution, with a particular focus on private mechanisms for resolving cross-border disputes. Emphasis will be placed on international arbitration, mediation, negotiation, and the growing role of international commercial courts in the resolution of transnational business disputes. Students will examine how private dispute resolution processes operate across jurisdictions and interact with domestic legal systems.

From a theoretical perspective, the course explores fundamental concepts such as the administration of justice, access to justice, jurisdiction, due process, evidence gathering, recognition and enforcement of judgments and arbitral awards, and party autonomy. From a practical standpoint, students will engage with the legal and strategic challenges that arise in international commercial disputes, including complex cross-border litigation and arbitration. Throughout the course, students will be encouraged to think critically and comparatively about the strengths, limitations, and future development of transnational private dispute resolution mechanisms.

None.

BRILLAT William & Esperanza BARRON BARATECH : Each weekly two-hour class will follow a mixed approach, consisting of lecturing and active

participation/engagement with the topics at hand and the readings assigned. Classes will take place on Wednesdays from 5.00 pm to 7.00 pm.

THEDY Julia : Each weekly two-hour course will follow a mixed approach, comprised of lecturing and active participation/engagement with the topics at hand and readings assigned.

BRILLAT William & Esperanza BARRON BARATECH : Assessment will be based on active class participation and on one final 15-minute oral

examination (with 15 minutes of preparation) on a topic that will be chosen by the student on the day of the examination.

Oral presentation (70%),

Class participation 30%

THEDY Julia :

BRILLAT William & Esperanza BARRON BARATECH : Students will be expected to study a range of doctrinal texts, reports, cases and statutes for

each weekly class. Reading material will be provided by the teachers. Students are also expected to research material in the library and/or on the internet.

THEDY Julia : Students will be assigned readings and audiovisual material ahead of each session, which may comprise scholarly articles, doctrinal texts, policy reports, statutes and case law, as well as podcasts and movies.