One of the classes focuses on International Commercial Arbitration and has been offered by Prof. Dr. Stefan Kröll, Director of the Center for International Dispute Resolution at Bucerius Law School.
International Commercial Arbitration in the summer program
Since the introduction of the Summer Program in International Business Law in 2008, courses on dispute resolution have been a central part of the curriculum.
Bucerius Law School is extremely proud to be able to offer its summer program participants access to one of Germany’s premier arbitrators. To students interested in arbitration, Professor Kröll will be most well-known as one of the directors of the Willem C. Vis International Commercial Arbitration Moot. However, Professor Kröll also serves as the President of the German Arbitration Institute (DIS) and is one of Germany's national correspondents to UNCITRAL for arbitration and international commercial law.
Apart from his practical work as an arbitrator, Professor Kröll is committed to teaching the next generation and is an active researcher as well: he is (co-)author and editor of several leading books on international arbitration which may already be familiar to students, including "Comparative International Commercial Arbitration" (Kluwer 2003, with Lew and Mistelis) and "International Commercial Arbitration – A Transnational Perspective" (6th ed. 2015, with Várady and Barcelò).
Why international dispute resolution
In many jurisdictions, the international parties to a dispute cannot rely on the court’s effective and impartial legal protection. Arbitration is therefore often the only option that can ensure that the positions of all parties will be heard. Professor Kröll points out that “by concluding an arbitration agreement, the parties forego the jurisdiction of the state courts for the legal dispute and transfer it to an arbitral tribunal.” He further states that “arbitration is the best mode to settle disputes arising out of international transactions. In principle, the parties can shape the rules according to the specific needs of the particular disputes and select the arbitrators accordingly. In practice, however, the parties often do not make full use of the benefits arbitration offers. Due to a lack of knowledge they often try to mirror their local court practice.
Students in Professor Kröll’s class gain insights into different forms, contractual and legal bases, and advantages of arbitration. They analyze a case study to discuss the arbitration agreement, jurisdiction of the arbitral tribunal, role of the courts during and after arbitration proceedings and the recognition and enforcement of arbitral awards.
A 2022 summer program participant pointed out that “Professor Kröll is a teacher like no other - he teaches from his own unique experience. He is extremely knowledgeable about arbitration worldwide, has a wealth of experience working at the top of the field, and, above all, has the ability to explain concepts in an original, interactive and imaginative way. Moreover, Professor Kröll was able to address many more issues in international arbitration than I would have thought possible in such a short course, and he did it in a well-structured, comparative and critical manner. Attending his classes was a pleasure and I am delighted to have had the opportunity to be taught by him.”