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Fall 2025
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LAW338
A BASIC CONCEPTS IN INTERNATIONAL ARBITRATION
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Course Description
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This intensive course provides an introduction to the basics of the law and practice of international arbitration. The course will be given by reviewing the UNCITRAL Model Law on International Commercial Arbitration, which more than 100 countries have implemented, the UNCITRAL Arbitration Rules, and the Arbitration Rules of the International Chamber of Commerce (ICC).
The course is intended for two types of students: those who are generally interested in international business transactions and want an overview of the most frequently used method for resolving contractual disputes, and those who are intending to go on to take more intensive courses in the field of international dispute resolution.
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Course Schedule
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Offering Dates: 08-18-2025 - 08-23-2025
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08-18-2025 - 08-21-2025
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MTR
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12:20 PM-1:20 PM
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E265
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08-20-2025 - 08-20-2025
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W
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12:20 PM-3:00 PM
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E265
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08-20-2025 - 08-20-2025
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W
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3:15 PM-4:15 PM
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F200
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08-22-2025 - 08-22-2025
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F
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11:00 AM-4:50 PM
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F209
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Course Frequency
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This course is usually offered once every academic year
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Course Information
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Credits:
1
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Pass/Fail Option:
No
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Prerequisite:
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Grading:
Graded
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Method of Evaluation:
Class Participation & Take-Home Exam
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Graduation Requirements Fulfilled By Course:
General
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Special Attributes:
LL.M. Course
Short Course
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Course Delivery:
Residential
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Special Restrictions:
If you are an International Arbitration LL.M. or Joint J.D./LL.M. student, you may enroll in this course through CaneLink. If you are not International Arbitration student, but would like to enroll in this course, please request permission here: intl-llm@law.miami.edu
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Law Track(s):
None
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Bar Subject(s):
None
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Concentration(s):
Litigation & Dispute Resolution (Concentration)
More information
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Course Book(s):
TBD/None
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First Class Assignment(s):
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Assignment:
Course Outline
Session 1: Overview
See List of Topics, pp. 7-19.
Session 2: Arbitration Agreement
See List of Topics, pp. 20-24. Reading:
• UML, Chapter II (Articles 7–9), Chapter IV (Articles 16–17)
• UAR, Article 23
• NYC, Article II
Material:
List of Topics
The topics that will be addressed during the course are set forth in the List of Topics (57 pages). They are supported by samples of arbitral practice.
Reading Materials
• UNCITRAL Model Law on International Commercial Arbitration 1986–2006 (“UML”)
available at: https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/19- 09955_e_ebook.pdf;
• UNCITRAL Arbitration Rules 1976 - 2010 (“UAR”)
available at: https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/21- 07996_expedited-arbitration-e-ebook.pdf
• ICC Arbitration Rules 2021 (“ICC Rules”)
available at: https://iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration/
• Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958 (“NYC”)
available at: https://www.newyorkconvention.org/english
The reading materials can also be found via www.newyorkconvention.org using the log-in details provided for this course.
Additional Information:
Inquiries
For inquiries about the course please email the PA to Professor Albert Jan van den Berg: Mylin Koebele mylin.koebele@hvdb.com.
Your course grade will be derived from the following assessment opportunities:
1. Class participation--- 50%
2. Take-Home Exam-----50 %
Your take-home exam will be available at 9:00 AM ET on Tuesday, September 2, and must be completed by 5:00 PM ET on Tuesday, September 23. Once you download your exam, you will have the entire period to complete the paper and upload your answer. This will be an Open Book (Notes & Internet) Essay Exam. Do not contact the professor directly during the exam period or you will be violating the student honor code. You may contact the professor once all final grades are submitted to the Law Registrar. Further details will be communicated by the Law Registrar as we get closer to the exam dates. Please read all communication carefully and thoroughly to avoid any last-minute confusion and contact the Law Registrar directly if you have further questions.
Basic Course List of Topics V 10-Jul-2025.pdf
LAW338 Basic Concepts In International Arbitration----Course Syllabus.pdf
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Assignment:
Course Outline
Session 1: Overview
See List of Topics, pp. 7-19.
Session 2: Arbitration Agreement
See List of Topics, pp. 20-24. Reading:
• UML, Chapter II (Articles 7–9), Chapter IV (Articles 16–17)
• UAR, Article 23
• NYC, Article II
Session 3: Arbitral Tribunal See List of Topics, pp. 25-30. Reading:
• UML, Chapter III
• UAR, Section II
• ICC Rules, Articles 11–15
• 2024 IBA Guidelines on Conflicts of Interest in International Arbitration available at: https://www.ibanet.org/document?id=Guidelines-on-Conflicts-of-Interest-in- Intenational-Arbitration-2024
Material:
List of Topics
The topics that will be addressed during the course are set forth in the List of Topics (57 pages). They are supported by samples of arbitral practice.
Reading Materials
• UNCITRAL Model Law on International Commercial Arbitration 1986–2006 (“UML”)
available at: https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/19- 09955_e_ebook.pdf;
• UNCITRAL Arbitration Rules 1976 - 2010 (“UAR”)
available at: https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/21- 07996_expedited-arbitration-e-ebook.pdf
• ICC Arbitration Rules 2021 (“ICC Rules”)
available at: https://iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration/
• Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958 (“NYC”)
available at: https://www.newyorkconvention.org/english
The reading materials can also be found via www.newyorkconvention.org using the log-in details provided for this course.
Additional Information:
Please review Blackboard and your course syllabus for further details.
Grading
Your course grade will be derived from the following assessment opportunities:
1. Class participation--- 50%
2. Take-Home Exam-----50 %
Your take-home exam will be available at 9:00 AM ET on Tuesday, September 2, and must be completed by 5:00 PM ET on Tuesday, September 23. Once you download your exam, you will have the entire period to complete the paper and upload your answer. This will be an Open Book (Notes & Internet) Essay Exam. Do not contact the professor directly during the exam period or you will be violating the student honor code. You may contact the professor once all final grades are submitted to the Law Registrar. Further details will be communicated by the Law Registrar as we get closer to the exam dates. Please read all communication carefully and thoroughly to avoid any last-minute confusion and contact the Law Registrar directly if you have further questions.
LAW338 Basic Comcepts In International Arbitration---Course Syllabus.pdf
Basic Course List of Topics V 10-Jul-2025.pdf
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View Book Information
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