Module LAW3667: International Commercial Arbitration

Department: Law

LAW3667: International Commercial Arbitration

Prerequisites

• LAW 1121 Introduction to English Law and Legal Method
• LAW1051 Tort Law
• LAW1071 Contract Law
• OR, at the discretion of the Chair of the Board of Studies or delegate, a suitable module from another Department.

Corequisites

• None

Excluded Combination of Modules

• None

Aims

• This course involves a study of the various processes available to disputing commercial parties to resolve conflict, with a particular emphasis on the legal and regulatory issues concerning the commercial arbitration process.
• The course provides students with an understanding of current and contemporary issues concerning commercial arbitration in a national and international context.
• Policy in numerous common law, civil law and ‘mixed’ jurisdictions around the world promotes arbitration as an effective means of resolving commercial conflict. Through participation in this course students will acquire knowledge that will provide a useful resource for their future careers.

Content

• The module will feature the legal and regulatory issues of international commercial arbitration. The syllabus will cover the following topics:
• Introduction to International Commercial Dispute Resolution
• The Agreement to Arbitrate
• Applicable law
• National courts and arbitration
• Creation of the Tribunal and the selection of arbitrators
• Tribunal’s power and jurisdictional issues
• Procedural and other specific issues in arbitration
• Arbitral awards, challenges and the New York Convention
• New topics might be introduced and some of the current topics might be replaced.

Learning Outcomes

• On completion of the module, students will be able to:
• Demonstrate an understanding of the various options available to disputing parties to resolve commercial conflict.
• Demonstrate knowledge of the laws and regulations concerning international commercial arbitration.
• Demonstrate an understanding of the legal implications of arbitration as a mechanism to resolve commercial disputes.

• On completion of the module, students will be able to:
• Make reasoned judgements on the effectiveness of specific laws and international instruments concerning commercial arbitration, and the desirability of their reform.
• Situate current legal controversies relating to commercial arbitration in their historical, cultural and international contexts.
• Engage with key legal and policy debates both domestically and internationally.

• Students will develop:
• Skills in conducting research into legal materials from a variety of national and international jurisdictions.
• Abilities to summarise concisely and critically regulations, laws and international instruments.
• Skills in investigating and analysing linkages between legal theory and legal outcomes.
• Intellectual capacity to recognise potential alternative conclusions to particular legal and regulatory problems.
• Develop problem-solving skills, research skills and the ability to evaluate legislation and judicial interpretation against the policy intent of the law.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• The teaching will be based on seminars supported by targeted reading drawn from both primary and secondary sources. Students will have the opportunity to discuss contemporary policy, legal and regulatory issues.
• The seminars and directed discussion will be designed to facilitate and build knowledge, understanding and critical insights.
• A formative assignment of 1000 words is used to develop research skills and the ability to evaluate laws, regulations and judicial interpretation.
• The summative essay of 2000 words will assess the extent to which students have developed an overall grasp of the subject matter and related issues in comparative perspective and test their ability to engage in critical analysis through a structured argument written and presented in a concise but complete way. This method of assessment will test students’ ability to meet the relevant learning outcomes.
• Students will be supported and encouraged in the development of their research and writing skills.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

One essay of 1000 words.

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University