國際商務仲裁實例演練(英文授課)

The course is designed to train lawyering skills through moot court training based on and/or participation in Annual Willem C. Vis (East) international Commercial Arbitration Moot competition. Traditional legal education does not provide adequate training on lawyering skills, such as research, legal argumentation, legal persuasive writing, as well as efficient and effective oral communications with the adjudicating tribunals. This course intends to fill the gap. Through the course students will understand the functions and practices of international commercial arbitral tribunals. In addition, students will be required to conduct research, to write written submissions, and to present oral arguments through teamwork. Students will, accordingly, acquire essential skills necessary for the career of international lawyer. Accordingly, the core of the course is to train advocacy ability of the students. The emphasis is thus not on legal rules. Instead, the focus of the teaching will be on the writing and oral abilities. The actual content of the course will be adjusted according to the Vis Moot problem of the year. There will be no lectures in the class. Instead, the course will focus on exercises of legal research, legal writing, and oral presentation skills. Students are expected to conduct their own necessary research and study. Students will be divided into groups. Tasks including research, writing, and oral practices will be assigned both to individual students and groups.

This course is not limited to team members of the law school. Regardless of whether the student has been selected to participate in the Law School moot team, he or she may take this course and benefit from the training. This course is taught in English. A significant amount of reading, writing, as well as oral practices will be assigned each week. Students should have some basic understanding of international contract law and international commercial arbitration before taking this course. Therefore, students are highly encouraged to first take the course "International Business Transactions and Dispute Settlement (跨國商務交易與爭端解決)" offered each Spring Semester prior to taking this course.

The class is based on the Vis Problem. Therefore, the class is conducted in a problem-based learning method. There will be no lectures and students are expected to actively conduct research, writing, and oral practices. Students will train along side the Law School moot team. While only the moot team can participate in the Vis (East) Moot, all students are expected to participate in the exercises and training during the semester. Students are required to conduct individual and group research in the databases to be provided after the semester begins. These will include Slack, Quip, Dropbox and/or Google Drive.

- Research and preparation for the class - research log, drafts, and research database building (10%) (Students are required to keep research logs and drafts for QA sessions. In addition, students are required to participate in the building and maintenance of the databases). - Weekly QA session (20%) (Each week there will be time for QA sessions. The questions will be provided by the instructor and other students in advance. The session will be recorded for review.) - Research memo on the Vis Problem (20%) - Written submission (30%) - Final oral session (20%)

The Complete Guide to the Willem C. Vis International Commercial Arbitration Moot, Jorg Risse (editor), C.H. Beck. Hart. Nomos (2015) A Guide to the HKIAC Arbitration Rules, Michael Moser & Chiann Bao (2016) A Guide to the Willem C. Vis International Commercial Arbitration Moot (University of Pittsburg) Advocacy in International Commercial Arbitration, Elliott Geisinger

時間

Please contact the teacher for the office hour.

聯絡方式

tchen@g2.nctu.edu.tw