Legal Aspects od ADR in Business Field of study: International Business Law and Arbitration
Programme code: 07-S2LA19.2019

The underlying objective of the course is to provide students with knowledge, the skills and social competences in the field of application of key methods of alternative dispute resolution in business disputes. Students will have acquired knowledge concerning the concept of Alternative Dispute Resolution (ADR) and basic methods of ADR. Upon successful completion of the course, they will have become aware of the importance of the application of ADR in business and, in particular, the significance of ADR for the opportunity to work out a solution in business disputes, which is the best possible solution for entrepreneurs being parties to disputes. The course places an emphasis on the application of ADR methods in international disputes, which arise out of conducting cross – border business activity on the territory of the European Union. The syllabus for the course covers in particular legal aspects of application of mediation, as one of the most important and popular methods of ADR in business disputes. These problems are presented especially from the perspective of solutions adopted in the European Union law, based on the provisions of the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters, as well as on the basis of the provisions of international law and Polish law. An important part of the course is presentation of information concerning the procedural aspects of mediation, legal character and consequences of the settlement concluded in the mediation procedure. Other major points on the syllabus are the status of the mediator in the mediation procedure, the fundamental rights and duties of the parties involved in the dispute, and mediation contracts in business. Furthermore, students will have acquired knowledge of the legal bases for the use of arbitration as one of the principal methods of ADR in international business disputes in the light of international law. Special attention in this regard is paid to analysis of the regulation of the UNCITRAL Model Law on International Commercial Arbitration. Upon successful completion of the course, the students will have become familiar with specialist legal English vocabulary used in the field of alternative dispute resolution.

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1. E. Carroll, K. Mackie, International Mediation – The Art of Business Diplomacy, Kluwer Law International 2006 2. N. Alexander, Global Trends in Mediation, Kluwer Law International 2006 3. M. S. Hermann, The Blackwell Handbook on Mediation. Bridging Theory, Research and Practice, Blackwell Publishing 2006, 4. L. Kirdroff, G. Schrerer, Arbitration and Mediation in International Business, Kluwer Law International 2006 5. Civil and commercial mediation in Europe. Vol. 1, National mediation rules and procedures / edited by Carlos Esplugues, José Luis Iglesias, Guillermo Palao, Cambridge : Intersentia 2013 6. Civil and commercial mediation in Europe. Vol. 2, Cross-border mediation, edited by Carlos Esplugues, Cambridge ; Antwerp ; Portland : Intersentia 2014; 7. Mediation : principles and regulation in comparative perspective / ed. by Klaus J. Hopt and Felix Steffek, Oxford : Oxford University Press 2013, 8. Henry J. Brown, Arthur Marriott ADR principles and practice, London : Sweet & Maxwell 2011.