Module Catalogue 2024/25

Pre Requisite Comment

N/A

Co Requisite Comment

N/A

Aims

1.       To acquire knowledge and understanding of the key legal principles and techniques involved in commercial arbitration from the domestic and international context

2.       To impart a critical analytical understanding of the general principles of the law of arbitration with emphasis upon their application in international dispute resolution

3.       To acquire knowledge and understanding of the evolving dynamic of the subject

Outline Of Syllabus

The module covers the law and practice pertaining to international commercial arbitration, the most important dispute settlement mechanism for international commercial disputes. The module provides a complete introduction to the functioning of arbitration in theory and practice. This module focuses mainly on English arbitration law, which is compared and contrasted especially with the UNCITRAL Model Law on International Commercial Arbitration, with some reference to the law of other important jurisdictions. Particular attention is given to the different types of arbitral rules that may have to be taken into consideration in an international arbitration.

The module will cover a range of topics pertaining to arbitration with reference to English Law and the UNCITRAL Model Law, including the rationale of arbitration, its advantages and disadvantages, applicable laws, arbitral clauses, choice of arbitrators, powers, jurisdiction and duties of the tribunal, national courts and conduct of the proceedings, awards and challenges of awards, enforcement under the New York Convention, arbitration against the state, investment treaty arbitration, and ICSID.

The course will not deal with associated contracts, such as contracts of insurance, carriage and finance.

Intended Knowledge Outcomes

By the end of the module, students will be able to demonstrate a knowledge and understanding of:

•       The legal framework surrounding domestic and international commercial arbitration
•       The process by which arbitration agreements are drawn up and arbitrators appointed
•       The enforcement and challenge of awards, under national law and the New York Convention
•       The effect of arbitration

Intended Skill Outcomes

Subject-specific skills

•       The ability to analyse and discuss the legal framework surrounding domestic and international commercial arbitration
•       The ability to explain the process by which arbitration agreements are drawn up
•       The ability to assess and apply the relevant legal provisions to domestic and international commercial arbitration
•       The ability to advise on the enforcement of and challenges to awards
•       The ability to evaluate the effect of arbitration in the resolution of commercial disputes
•       The ability to write and speak with care and precision in the analysis and synthesis of the law
•       The ability to structure legal argument and analysis

Cognitive skills

•       Analysis: Identifying and ordering issues by relevance and importance
•       Synthesis of materials from diverse sources
•       Critical judgment: Discernment between the merits or otherwise of particular arguments
•       Evaluation: Making a reasoned choice between competing solutions or arguments

Teaching Rationale And Relationship

The module is taught through a combination of lectures and seminars. The lectures will introduce students to the key concepts and legal rules in the area that they study. The seminars will be interactive, and will be centred around analysing hypothetical situations, decided cases, and topics of current debate. They will require a significant amount of advance preparation, and the topics for each seminar will be released at the start of the academic year. Both will be supported by self-directed study, guided by an extensive and annotated reading list supplied at the start of term. The combination of these teaching method has been designed to promote analytical, argumentative and critical skills which are of critical importance to working with the law in this area.

Individual drop-in sessions will be offered to students at scheduled times in order for them to pursue individual issues in greater depth, and receive feedback on their performance.

Assessment Rationale And Relationship

The module focuses on comparative issues across multiple jurisdictions, and brings together a wide range of issues across doctrine, theory and practice. It is for that reason appropriately assessed through an academic essay on a set topic.

General Notes

N/A