國際商務仲裁模擬庭專題
International Commercial Arbitration Moot: Advanced Issues
| 節 | 週五 |
|---|---|
2 09:00–09:50 | 國際商務仲裁模擬庭專題 MB1063 2 節連堂 |
3 10:10–11:00 |
* 根據陽明交大上課時間表所列
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 study written submissions of other participating schools, 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 the advocacy ability of the students. The emphasis is thus not on legal rules. Instead, the focus of the teaching will be on 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. After the competition is completed, the students will be trained to act as arbitrators in an international commercial arbitration setting. The students will be trained together with the potential participants for the next year.
The course is designed to train lawyering skills through moot court training based on and/or participation in the Annual Willem C. Vis (East) international Commercial Arbitration Moot competition. This course is a continuation of “International Commercial Arbitration: Case Studies” and is in principle only open to students who have taken the Case Studies course. A petition could be submitted to the professors for those who have not taken the previous course but wish to enhance their skills to be arbitrators.
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, 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.
Teamwork and participation (15%) – participation in class and online discussions. Research and preparation for the class - research logs, 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 arbitration databases). Weekly QA sessions (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.) Oral exercises (35%) Final oral session (20%)
| 週次 | 主題 |
|---|---|
| 第 1 週 | Introduction of the course課程介紹,隊員分工確認 |
| 第 2 週 | Discussion of the Vis Moot Problem of the year. 討論當年VIS的比賽題目 |
| 第 3 週 | Group discussion and presentation on the strategies of the teams.小組討論(注重在論述策略) |
| 第 4 週 | Group discussion and presentation on the oral arguments of the Claimant, oral exercises. 小組討論(正方論述討論、口說練習) |
| 第 5 週 | Group discussion and presentation on the oral arguments of the Respondent, oral exercises.小組討論(反方論述討論、口說練習) |
| 第 6 週 | Official exercises before the competition.比賽前正式練習 |
| 第 7 週 | Holiday - No Class |
| 第 8 週 | Official exercises before the competition.比賽前正式練習 |
| 第 9 週 | Official exercises before the competition.比賽前正式練習 |
| 第 10 週 | The competition.參加比賽 |
| 第 11 週 | The competition.參加比賽 |
| 第 12 週 | Review and exercises.賽後檢討與演練 |
| 第 13 週 | Introduction to arbitrators: the tasks, arbitrating exercises |
| 第 14 週 | Introduction to arbitrators: the rules, arbitrating exercises |
| 第 15 週 | Introduction to arbitrators: conflict of interests, arbitrating exercises |
| 第 16 週 | Final moot exercises.期末模擬法庭演練 |
| 第 17 週 | |
| 第 18 週 |
To be assigned by the professors.
- 地點
- TBD.
- 時間
- TBD.
- 聯絡方式
- Emails.