This course emphasises alternative dispute resolutions, given students will only have studied jurisdictional dispute settlement (civil, criminal, administrative and labour procedure) in their undergraduate degrees. Negotiation between parties in dispute, mediation by an impartial third-party and arbitration are the main alternative routes for dispute resolution (ADR). There is a special focus on commercial arbitration, internal or international, along side administrative, tax and labour arbitration (the latter as regards collective labour disputes). Reference is made to investment arbitration, which is of great practical importance. Regarding commercial arbitration, students study the arbitration convention, jurisdiction of the arbitral court, arbitral procedure, ways to contest arbitral awards, the enforcement of arbitral awards and the recognition and enforcement of foreign arbitral awards. Master’s students are expected to grasp the unique characteristics of dispute resolution via arbitration, by comparing it with traditional dispute settlement.
6 ECTS / Semester / Portuguese