Information Package / Course Catalogue
| Law | |||||
| Bachelor | Length of the Programme: 4 | Number of Credits: 240 | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF: Level 6 |
Ders Genel Tanıtım Bilgileri
| School/Faculty/Institute | Faculty of Law | ||||||
| Course Code | LAW 421 | ||||||
| Course Title in English | International Arbitration | ||||||
| Course Title in Turkish | Uluslararası Tahkim | ||||||
| Language of Instruction | EN | ||||||
| Type of Course | Lecture | ||||||
| Level of Course | Seçiniz | ||||||
| Semester | Spring,Fall | ||||||
| Contact Hours per Week |
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| Estimated Student Workload | 94 hours per semester | ||||||
| Number of Credits | 4 ECTS | ||||||
| Grading Mode | Standard Letter Grade | ||||||
| Pre-requisites | None | ||||||
| Expected Prior Knowledge | None | ||||||
| Co-requisites | None | ||||||
| Registration Restrictions | Only Undergraduate Students | ||||||
| Overall Educational Objective | Students will learn key cases in law | ||||||
| Course Description | The course, through the analysis of sources of law and cases, will give students a basic knowledge of international arbitration law. On the basis of Conventions on international arbitration, during the course, students will discover and analyze rules that govern international arbitration, starting with the concept of arbitration and ADR System. The course is divided into two parties. The first part concerns international institutions, rulemaking bodies that set out rules and appoint arbitrators, and their sources. A second part addresses the procedure in international arbitration: from the arbitration agreement to the award. Special consideration is dedicated to the legal English terminology used in the course and to sponsor students to think in a comparative juridical way. | ||||||
| Course Description in Turkish | Bu ders ile tahkim hukukunun kaynakları ve içtihatlar incelenerek, öğrencilere tahkim hukuku konusunda temel bir bilgi kazandırılması hedeflenmektedir. Öğrenciler, uluslararası tahkime ilişkin sözleşmeleri temel alarak, tahkim ve alternative uyuşmazlık çözümü sistemlerini inceleyecek ve öğreneceklerdir. Ders iki bölümden oluşmaktadır. Birinci bölümde, tahkim hukukuna ilişkin uluslararası kuruluşlar ve tahkim hukukunun kaynağı incelenecektir. İkinci kısım ise, tahkim sözleşmesinden tahkim kararına kadar geçen süredeki tahkim usulüne ayrılmıştır. Derste kullanılan İngilizce terminolojiye özel bir önem verilerek, öğrencilerin karşılaştırmalı hukuk açısından düşünme yetilerini geliştirmeleri teşvik edilmektedir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Basic Knowledge of Arbitration and ADR system 2) Basic knowledge of institutions for International arbitration 3) Basic Knowledge of legal instruments of the International arbitration 4) How to prepare an agreement of arbitration 5) Basic knowledge of international procedure 6) Confidence and improving legal English 7) A comparative approach to the reading of the rules |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 | 6 | 7 |
|---|---|---|---|---|---|---|---|
| 1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | |||||||
| 2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | |||||||
| 3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | |||||||
| 4) The ability to internalize social, scientific and ethical values while evaluating legal information. | |||||||
| 5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | |||||||
| 6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | |||||||
| 7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | |||||||
| 8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | |||||||
| 9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | |||||||
| 10) Adoption of a positive approach to the concept of lifelong learning. | |||||||
| 11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | |||||||
| 12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. |
Relation to Program Outcomes and Competences
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | S | Exam,Participation |
| 2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | S | Participation |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | S | Exam,Participation |
| 4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | H | Exam,Participation |
| 5) | The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | S | Exam,Participation |
| 6) | The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | H | Exam,Participation |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | H | Exam |
| 8) | The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | H | Exam |
| 9) | The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | N | |
| 10) | Adoption of a positive approach to the concept of lifelong learning. | H | Exam,Participation |
| 11) | The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | H | Exam,Participation |
| 12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | H | Participation |
| Prepared by and Date | HAVVA KARAGÖZ , January 2024 |
| Course Coordinator | HAVVA KARAGÖZ |
| Semester | Spring,Fall |
| Name of Instructor | *STAFF* *STAFF* |
Course Contents
| Week | Subject |
| 1) | Historical background, International arbitration and ADR System |
| 2) | Principles of International arbitration |
| 3) | Sources of law and institutions |
| 4) | Arbitration clause |
| 5) | Request of arbitration |
| 6) | Arbitral seat |
| 7) | Arbitration agreement |
| 8) | Jurisdiction and admissibility of the request |
| 9) | Arbitror´s obligation |
| 10) | Term of reference |
| 11) | Mediation assessment |
| 12) | Evidence |
| 13) | Annulment and enforcement of the award |
| 14) | Damages |
| Required/Recommended Readings | Gary B. Bond, “International Arbitration Law and Practice”, Kluwer Law International. | ||||||||||||
| Teaching Methods | Lecture & open class discussion | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
karagozh@mef.edu.tr Final grade (Group Project - Full Paper) 90% , Class Participation 10% Students must have a score of 50 or higher from final assessment in order to pass the course. Rules for attendance: Attendance (personally or online) is mandatory per University policy Late submissions: By specific approval on motivated request Missing an exam: Per University policy |
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ECTS Student Workload Estimation
| Activity | No/Weeks | Hours | Calculation | ||||
| No/Weeks per Semester | Preparing for the Activity | Spent in the Activity Itself | Completing the Activity Requirements | ||||
| Course Hours | 14 | 1 | 2 | 2 | 70 | ||
| Laboratory | 14 | 0 | 0 | ||||
| Presentations / Seminar | 3 | 7 | 1 | 24 | |||
| Total Workload | 94 | ||||||
| Total Workload/25 | 3.8 | ||||||
| ECTS | 4 | ||||||