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