Astute Founder Nhu-Hoang Tran Thang had the privilege of teaching a class on Arbitral Proceedings at the University of Lausanne on 9 April 2024. This “practitioner” session was part of the University’s esteemed International Commercial Arbitration course, attended by eager Master and LLM students.
The session included concrete illustrations enriched by Nhu-Hoang’s wealth of practical experience in arbitral proceedings as counsel, arbitrator, and secretary to arbitral tribunals. Sharing her tips of the trade and anecdotes, she guided the students through the different stages of an arbitral proceeding. The interactive class was characterized by an enthusiastic exchange of ideas, demonstrating the students’ keen interest in the subject matter.
The presentation further extended into the exploration of whether the lack of predictability of the rules of the game in arbitral procedure, which is sometimes said to be the price to pay for party autonomy and flexible, custom-tailored procedures, is sufficiently offset by the minimum standard of due process set out in mandatory provisions of national arbitration laws and in general invocations of due process enshrined in institutional arbitration rules. The role and evolving trends of soft law instruments and the gradual standardization or so-called "judicialization" of the arbitral process were also touched upon.
The highlight of the discussion was the collective viewpoint of the class, which affirmed that the existing framework of laws, rules, and guidelines for international arbitration sufficiently ensures the due process standard essential to any justice system.
This reflects a mature understanding of the advantages offered by international arbitration, showcasing the promising analytical skills of future legal professionals.
Astute Dispute Resolution is committed to contributing to the academic and practical fields of arbitration, fostering dialogue that bridges theoretical knowledge and real-world application. Our involvement in educational initiatives like the one at the University of Lausanne underscores our dedication to knowledge sharing.
More on the University of Lausanne’s International Commercial Arbitration Course here: https://www.unil.ch/llm/home/menuinst/programme/course-descriptions/international-commercial-arbitration.html