International Arbitration
| Module title | International Arbitration |
|---|---|
| Module code | LAWM174 |
| Academic year | 2023/4 |
| Credits | 15 |
| Module staff | Dr Amy Man () |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 35 |
|---|
Module description
International arbitration is one of the most important methods for resolving private international commercial disputes. Disputes relating to international commercial sales, foreign investments, insurance and reinsurance, and construction, are often resolved by arbitration, as are maritime commercial disputes under a charter party, a bill of lading, or a ship sale agreement.
The module is suitable if you are interested in international commercial law and international dispute resolution. The module aims to provide you with a practical understanding of the mechanisms governing the arbitration of private commercial law disputes and is thus particularly valuable for students considering working or pursuing further research in this area. No previous experience in the area is required/necessary.
Module aims - intentions of the module
The main aims of the module are to provide you with a solid understanding of international commercial arbitration, its practical applications, alongside its underpinning legal principles. The module aims to enable you to provide legal insight in respect to many aspects of an international commercial arbitration agreement/procedure, from the validity of the arbitration agreement and the procedural aspects of international commercial arbitration, to the possibility of challenging an arbitral award, and the enforcement of an award under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Demonstrate deep, systematic knowledge and understanding of the practice of international commercial arbitration;
- 2. Undertake complex critical evaluation of the main legal rules and procedures relevant to international arbitral practice using specialist literature and research.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. Use internationally relevant legal and non-legal materials in relation to international commercial arbitration;
- 4. Demonstrate detailed and comprehensive knowledge and understanding of legal concepts and critical awareness of their social and political implications.
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. Demonstrate the ability to comprehensively use a range of resources for specific learning tasks;
- 6. Present, explain and critically evaluate a range of substantive and theoretical arguments in assessments and teaching sessions;
- 7. Work independently and manage time efficiently in preparing for learning activities and assessments.
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:
- the main principles of international commercial arbitration: the legal regime of arbitration agreements
- the key stages and processes the arbitral procedure (from the appointment of the arbitrators to the ways in which the award can be challenged and the main rules of arbitration used in international practice
- recognition and enforcement of arbitral awards (including under the New York Convention on the Recognition and Enforcement of Foreign Arbitral (Awards of 1958).
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 15 | 135 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning & Teaching activities | 15 | 10 x weekly 1.5-hour seminars |
| Guided Independent Study | 90 | Preparation for scheduled learning and teaching sessions (including pre-reading and the completion of learning activities). |
| Guided Independent Study | 15 | Formative assessment preparation |
| Guided Independent Study | 30 | Summative assessment preparation |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Exam-style question (open book) | 750 words (0.75 hour exam equivalent) | 1-7 | Individual written feedback |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 0 | 100 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Online exam-style question (open book) | 100 | 1.5 hour (1500 word limit), with 24-hour submission window | 1-7 | Individual written feedback |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Online exam-style question (open book) - 1.5 hour (1500 word limit), with 24-hour submission window | Online exam-style question (open book) - 1.5 hour (1500 word limit), with 24-hour submission window | 1-7 | Referral/Deferral period |
Indicative learning resources - Basic reading
- N Blackaby and ors,?Redfern & Hunter on International Arbitration? – student version (6th ed. 2015)
- Ferrari, F Rosenfeld, and J Fellas, International Commercial Arbitration: A Comparative Introduction (Elgar 2021)
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 11/04/2023 |
| Last revision date | 11/04/2023 |
