Daria Kozlowska Rautiainen
About me
Position
Senior Lecturer in International Procedural Law with specialization in Commercial Arbitration Law
Director of the ICAL LL.M. Programme
Teaching
I teach international commercial arbitration both within the International Commercial Arbitration Law LL.M. Programme and the Swedish law programme. Beside international commercial arbitration, I teach also academic writing, international contracting and dispute resolution in general. The teaching takes form of lectures, seminars, workshops as well as mock proceedings.
Additionally, I supervise and examine master’s theses and serve as a supervisor of doctoral research in dispute resolution.
I am a visiting lecturer at other universities. Recently I held lectures and seminars at the University of Uppsala, Umeå and Helsinki.
Research
My research activity is focused on international commercial arbitration. Academic study in the ever changing field of international commercial arbitration is both challenging and rewarding. It teaches the ability to maneuver between various legal systems and cultures, analyze issues in a transnational perspective and understand the practical side of arbitration.
Currently I am part of two research projects. One regarding employment arbitration, where I focus on the protections of the weaker party in international commercial arbitration. This topic is connected to such issues as human rights, transparency, equal treatment of the parties, due process to name a few. The other project is of methodological character and aims at aiding students in researching and writing academically in the field of international arbitration.
My doctoral dissertation titled “Obtaining documents from the opponent in international commercial arbitration” analyzes one of the most contentious issues in international commercial arbitration – the scope and procedure of document production.
Although research in international arbitration requires employment of comparative method, my research does not stop there, but goes beyond the typical common law- civil law divide approach and focuses on the question of document production in an international perspective. One of the most important conclusions of my research has been that the practice and culture of international arbitration has developed well enough to supply answers on the basis of balancing the principles of arbitral procedure.
Besides addressing such topical issues as the narrowness of a document request, relevance of the requested documents, scope of privilege protection or the consequences of party’s non-compliance with tribunal’s orders, the dissertation fills-in the gaps in the commentary on the topic by answering to the following questions: what is the basis of a party’s right to obtain documents in international arbitration, can a party request for documents it does not have the burden of proving, when are the documents considered as being in a party’s control, can GDPR be the basis for an objection to a document request and what is the scope and procedure of national court’s assistance in obtaining documents from the opponent.
During my doctoral studies I have had the great honor of being part of one of the case management teams at the Secretariat of the ICC International Court of Arbitration in Paris, where apart from gaining practical experience, I have been gathering unique, otherwise inaccessible, sources for my research.
Additionally, I have also written an article on the comparative aspects of interpretation of contracts and the effects of the entire agreement clauses on the interpretation of contract.
Grants and assignments
Finnish Culture Fund 2017
Makarna Granfelts stipendiefond 2017
Jenny and Antti Wihuri Foundation 2016
University of Helsinki Research Grant 2016
Aili and Brynolf Honkasalo Fund 2015
Board of the Young Arbitration Club Finland 2017
Editor of the peer-review Finnish Business Law Journal “Liikejuridiikka” since 2017
Publications
Published monographs
“Obtaining documents from the opponent in international commercial arbitration”, September 2016, Unigrafia, 309 pages. (Doctoral dissertation). Opponent: Prof. Kaj Hobér, Supervisor: Prof. Mika Hemmo.
Refereed articles
"Document production under the NOMA Rules of Evidence" Tidsskrift for forretningsjus - Norwegian Journal of Commercial Law, Universitetsforlaget, pp. 38-53.
“The Inconsistencies in the 2014 IBA Guidelines on Conflicts of Interest in International Arbitration Regarding the Approach to Arbitrators Working in Law Firms – a Matter of Correct Interpretation” Liikejuridiikka 2/2016, Kauppakamari, pp. 45–60. (Refereed article).
“Legal Effects of the Entire Agreement Clause under English and Finnish Law as well as from the Perspective of International Legal Instruments” Mäenpää, K. – Kozlowska-Rautiainen, D. 2012 In: Business Law Forum. Pönkä, V. – Kozlowska-Rautiainen, D. (Eds.). Lakimiesliiton Kustannus, Vol. 2012, pp. 3–36. (Refereed article).
Scientific articles
“Arbitration law in Poland – the changed and unchanged”, The Uppsala Yearbook of Eurasian Studies, 2017, Vol. II, Wildy, Simmonds & Hill Publishing, pp. 131–147.
“Consequences of parties' non-compliance with tribunal's document production orders in international commercial arbitration” In: Paloranta, P. (ed.) Keskuskauppakamarin liiketapalautakunta 80 vuotta. 2017, Alma Talent, pp. 113–129.
“Privilege in the Multi-Jurisdictional Area of International Commercial Arbitration”, International Arbitration Law Review, 2011, 14(4) Sweet & Maxwell, pp. 128–137.
“The Revised UNCITRAL Arbitration Rules Seen through the Prism of Electronic Disclosure”, Journal of International Arbitration, 2011, 28(1), Kluwer Law International, pp. 51–65.
Other publications
“Kirja-arvostelu - Mika Savola: Guide to the Finnish Arbitration Rules. Opas Keskuskauppakamarin Välimiesmenettelysääntöihin. Kauppakamari 2015." Liikejuridiikka 1/2016, Kauppakamari, pp. 89–97.
“Book review - Albert Badia: Piercing the Veil of State Enterprises in International Arbitration” Liikejuridiikka 1/2015, Kauppakamari, pp. 186–192.
“Lakimies, czyli fiński prawnik”, Kancelaria, Wolters Kluwer Polska, Warsaw, March 2011, No. 31, pp. 36–37.