LAW40060 International Commercial Arbitration

Academic Year 2022/2023

A study of the domestic and international law and practice of commercial arbitration.The course will cover: The Arbitration Agreement: form; scope and effect; the proper law of the arbitration agreement; giving effect to the agreement to arbitrate; litigating the subject matter of an agreement to arbitrate; staying litigation pending arbitration; frustration, repudiation and abandonment of arbitration agreements. The Arbitrator: appointment, replacement, removal; duties and powers; immunity from suit; ethical obligations and considerations. The Arbitral Proceedings: procedure and evidence; the ICC and other institutional rules of procedure; the proper law of the proceedings; the proper law of the dispute; separability and arbitrability of disputes; equity clauses and the lex mercatoria. The case stated. The award: formal and substantive requirements; reliefs and remedies; costs and interest. Challenges to an arbitral award: domestic and foreign awards; the Geneva and New York Conventions. Arbitration of international investment disputes; the ICSID system and rules. State involvement in arbitration. The UNCITRAL model law and the reform of arbitration law.

Show/hide contentOpenClose All

Curricular information is subject to change

Learning Outcomes:

On completion of the module, students should be able to demonstrate a detailed appreciation and understanding of - the law and procedure of domestic and international arbitration - the strengths and weaknesses of arbitration versus ther forms of dispute resolutionand should be generally equipped to advise parties in the main aspects of commercial dispute resolution through arbitration whether as participant or as arbitrator. Students will be expected to be able to: Describe, distinguish, and apply in detail the major legal principles governing Arbitration listed in the Module Outline ; Advise, in a range of given circumstances, on the optimum solutions for resolving Arbitration problems; Critically assess specific aspects of Arbitration Law and Practice using a variety of techniques, including comparative; Identify discrete areas of Arbitratoin law or practice which would be ripe for research at an advanced level, and develop an outline proposal or justification in support of such research.

Indicative Module Content:

Arbitration in Practical and Juridical Context
The Arbitration Agreement: form; scope and effect; the proper law of the arbitration agreement; giving effect to the agreement to arbitrate; litigating the subject matter of an agreement to arbitrate; staying litigation pending arbitration; frustration, repudiation and abandonment of arbitration agreements.
The Arbitrator: appointment, replacement, removal; duties and powers; immunity from suit; ethical obligations and considerations.
The Arbitral Proceedings: procedure and evidence; the ICC and other institutional rules of procedure; the proper law of the proceedings; the proper law of the dispute; separability and arbitrability of disputes; equity clauses and the lex mercatoria.
The Award: formal and substantive requirements; reliefs and remedies; costs and interest.
Challenges to an arbitral award: domestic and foreign awards; the Geneva and New York Conventions.
Recognition and Enforcement of Arbitral Awards

Student Effort Hours: 
Student Effort Type Hours
Specified Learning Activities

60

Autonomous Student Learning

200

Seminar (or Webinar)

24

Total

284

Approaches to Teaching and Learning:
Face to Face Lectures - 2 hour lecture weekly involving traditional lecture and including in class participation in discussion and exercises
Online Class discussion with peer review
Reflective and research assignment involving Masters' level scholarly essay on selected topics of international policy, law or practice in International Commercial Arbitration and dispute resolution, and problem based questions requiring application of law and procedural rules to given scenarios. 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Not applicable to this module.
 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Continuous Assessment: Class attendance and participation Throughout the Trimester n/a Graded No

15

Assignment: Assignment (5,000 Words) Coursework (End of Trimester) n/a Graded Yes

85


Carry forward of passed components
Yes
 
Resit In Terminal Exam
Autumn No
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Feedback individually to students, post-assessment
• Group/class feedback, post-assessment
• Peer review activities
• Self-assessment activities

How will my Feedback be Delivered?

Group feedback indicating common strengths and failings will be provided online, post assessment, and in accordance with School of Law Policies. Short individual feedback indicating where student stands relative to the group feedback may also be supplied post assessment. Opportunities for Self and Peer assessment and review are also provided through the class online discussion forum and in-class exercises and activities.

Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
 
Spring
     
Seminar Offering 1 Week(s) - 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33 Wed 09:00 - 10:50