国际商事仲裁法（双语）教学内容CONTENTS ON NTERNATIONALCOMMERCIAL ARBITRATION LAW国际商事仲裁法（双语）教学内容CHA PTER1GE NE RAL INTRO DU C TIO N OF INTE RNATI O NAL CO MM E RC I ALARB ITRA TIO N LAW第一章导论课时：2本章的教学目的是要求学生理解并掌握国际商事仲裁的起源与发展、国际商事仲裁法的概念、性质和法律渊源；以及我国国际仲裁法的主要内容。
Key Issues●Definition and nature of arbitration●Relations and difference between arbitration and other methods for thesettlement of dispute●Functions of the international conventions and model law in the unificationand coordination of international commercial arbitration law●Basic principles of international commercial arbitration law●Chinese international commercial arbitration law●Research method for the international commercial arbitration lawSection1Arbitration and Other Methods for the Settlement of Dispute●Origin and development of arbitration：Arbitration is developed with the needs ofcommercial business.It is the voluntary method for thesettlement of dispute based onthe parties agreement.●Nature and characteristics of arbitration:Arbitration is contractual in nature basically asa method for the settlement of dispute.No arbitration agreement,no arbitration.Thismethod later incorporated into the legal system of the State.The national court shallenforce the arbitration agreement as well as the arbitral awards in accordance with the local law.In this regards,it also carries out the judicial nature.●Relationship between arbitration and other methods for the settlement of dispute●Arbitration law governing arbitration:Arbitration incorporated advantages from bothADR and litigation.It is more flexible as ADR as to the parties autonomy.The arbitral award could be enforceable as the court judgment.Section2International Commercial Arbitration Law■Origin and development of international commercial arbitration law:It origins from thenational law and international conventions.■Parties for the international commercial arbitration law:mostly between the parties with equal legal status,that is the private parties.■Subject matters of the international commercial arbitration law--relationship between the parties under the arbitration agreement--relationship between the arbitration institution,arbitrationtribunal and the parties--national courts’supervision on the international commercial arbitration law ■Sources of international commercial arbitration law--Domestic arbitration law--International legislation:bilateral judicial cooperation treaty,international convention, model lawSection3Basic Principles of International Commercial Arbitration Law■Parties’autonomy:the parties may select the arbitration institution,applied rules,arbitrators, languages,place of arbitration and so on.■Independent and impartial settlement disputes by the arbitral tribunal:arbitrators are different from national judges as to the field of implementation of law.The functions for the settlement of dispute are similar.The only objective for the arbitrator is to render awards independently and impartially.■National courts’supervision on the arbitration:Since the national courts implement law in public field,the arbitral awards are subject to the courts’supervision.The court may set aside national award or may refuse national and foreign awards at the request of the party according to national law.Section4International Commercial Arbitration Law in China ■Domestic arbitration law■Bilateral judicial cooperation treaty and international convention to which China is a partySection5Construction of the Course■Arbitration institutions■International arbitration agreement■Arbitration tribunal■Arbitration procedures■The law governing the arbitration■Award and remedies■Court supervision本章教学要点：1、仲裁是当事人之间通过协议约定的将他们之间的争议提交给独立的第三者裁断的解决争议的方法。
