International Arbitration (ILO-L231M)

Spring 2025 · ILO L231M · Tufts University · 1.5 credits · Undergraduate

International arbitration is one of the most widely used mechanisms of dispute resolution across legal systems, industries, and geographical regions. This module provides an introduction to international arbitration, from the formation of the arbitration agreement to the enforcement of arbitral awards. The focus of the module lies in international commercial arbitration. The module begins with a general description of the legal frameworks applicable to international arbitral proceedings. It then addresses three key moments in an arbitration. The first moment is the period preceding the arbitral proceedings. This part of the module highlights the design of the arbitration agreement, considering its elements and validity requirements. It also conveys drafting techniques for effective arbitration clauses. The second part of the module covers the conduct of the arbitral proceedings. It provides an overview of the main stages of an arbitration, from the constitution of the arbitral tribunal through the production of an arbitral award. In this context, students will engage with a broad range of topics, including the ethical duties of arbitrators, transparency, the taking of evidence, and interim measures of protection. The third moment is the period that follows the end of the arbitral proceedings. Students will learn about the annulment, recognition, and enforcement of arbitral awards, with examples from a myriad of jurisdictions from both the global north and the global south. The final session of the module provides a general overview of the use of arbitration in the settlement of disputes between foreign investors and States. Students will recognize the peculiarities of investor-State arbitration and how it differs from international commercial arbitration.

Course codes: ILO-L231M

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