Study information

International Commercial Arbitration

Module titleInternational Commercial Arbitration
Module codeLAW3191
Academic year2020/1
Credits15
Module staff

Dr Kyriaki Nousia (Convenor)

Duration: Term123
Duration: Weeks

11

Number students taking module (anticipated)

60

Module description

International Commercial Arbitration is one of the most common alternative dispute resolution methods, with regards to international commercial disputes. The sector has grown vastly in the last decades and continues to do so. The module will provide an overview and examination of the main topics and aspects of international commercial arbitration. Disputes relating to international commercial transactions, investments, insurance and reinsurance, energy, maritime and construction are generally resolved by arbitration. The legal market is looking for graduates that have adequate knowledge in this field. Therefore, this module is essential for anyone interested in a career in commercial law. No prior knowledge, skills or expertise is required.

Module aims - intentions of the module

The module aims to provide students with a deep understanding of international commercial arbitration, its legal principles and practical application. Upon conclusion of the course, students will have a deep knowledge of all aspects of an international commercial arbitration agreement and its procedure, ranging from the validity of the arbitration agreement, the procedural aspects of international commercial arbitration, the issuing and enforcement of an award under the New York Convention on Recognition and Enforcement of foreign arbitral awards, and the challenge of an arbitral award. Topics to be covered include, inter alia the arbitration agreement, the competence of the constitution of the arbitral tribunal, the appointment of arbitrators and the issue of bias or arbitrators, the arbitration proceedings per se, the evidence accepted by the arbitral tribunal, the various special categories of arbitration disputes, the arbitral award and the enforcement of the arbitral award, the reasons for challenging an arbitral award and the enforcement of an arbitral award.

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. Demonstrate detailed and comprehensive knowledge and understanding of legal concepts and their critical awareness and social implications.
  • 4. Synthesise knowledge and translate it into legal advice.

ILO: Personal and key skills

On successfully completing the module you will be able to...

  • 5. Confidently manage relevant learning resources, information and strategies so as to develop your own legal opinions.
  • 6. Effectively communicate in a manner appropriate to the discipline.

Syllabus plan

Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:

An overview of the international dispute settlement mechanism. Arbitration as opposed to other Alternative Dispute Resolution (ADR) methods.

The criteria for an international commercial agreement and an international commercial dispute - essential characteristics of international commercial arbitration

The arbitration agreement: drafting / main, core areas / problems encountered. Autonomy and applicable law, validity, interpretation, the concept of arbitrability.

Regulatory framework for arbitration – forms of arbitration (institutional as opposed to ad hoc arbitration), the main institutional rules. The UNCITRAL Model Law

Actors in arbitration: arbitrators, counsels, witnesses, experts.

The arbitral tribunal: constitution, competence and challenge (the notions of “Kompetenz – Kompetenz” and “Separability”, selection and appointment of arbitrators, impartiality and independence, bias of arbitrators, challenge, removal and replacement of arbitrators)

The arbitration procedure – commencement of arbitration, taking evidence in arbitration, interim measures

The various special categories of arbitration disputes (maritime, insurance/reinsurance, construction, energy/investment disputes)

The arbitration award (finality, reasons for challenging an award)

Recognition and enforcement of foreign arbitral awards

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching ActivitiesGuided independent studyPlacement / study abroad
26.5123.5

Details of learning activities and teaching methods

CategoryHours of study timeDescription
Scheduled Learning and Teaching Activities2211 x 2 hour lectures
Scheduled Learning and Teaching Activities4.53 x 1.5 Hours Seminars
Guided independent study81Preparation of the questions to be discussed in the seminars.
Guided independent study42.5Preparation for formative and summative assignment.

Formative assessment

Form of assessmentSize of the assessment (eg length / duration)ILOs assessedFeedback method
Essay750 words1-6Written feedback

Summative assessment (% of credit)

CourseworkWritten examsPractical exams
10000

Details of summative assessment

Form of assessment% of creditSize of the assessment (eg length / duration)ILOs assessedFeedback method
Essay1003,000 words1-6Written feedback

Details of re-assessment (where required by referral or deferral)

Original form of assessmentForm of re-assessmentILOs re-assessedTimescale for re-assessment
EssayEssay (3,000 words)1-6August/September reassessment period

Indicative learning resources - Basic reading

There is no single textbook as such for this course. Suggested books are:

  • A Tweeddale and K Tweeddale, Arbitration of Commercial Disputes: International and English Law and Practice (Oxford: OUP, 2007, paperback edn
  • GB Born, International Arbitration: Cases and Materials (Alphen aan de Rijn, Kluwer Law International 2011)
  • N Blackaby and others, Redfern & Hunter on International Arbitration (paperback edn Oxford, OUP 2009)
  • DM Lew, LA Mistelis, SM Kröll, Comparative International Commercial Arbitration (The Hague, Kluwer Law International, 2003)
  • WW Park, Arbitration of International Business Disputes: Studies in Law and Practice (New York, OUP 2006)
  • J-F Poudret and S Besson, Comparative Law of International Arbitration (London, Sweet & Maxwell 2007)
  • LA Mistelis and SL Brekoulakis, Arbitrability: International & Comparative Perspectives (Alphen aan den Rijn, Kluwer Law International 2009)

Commentaries on the Arbitration Act 1996:

  • R Merkin and L Flannery, Arbitration Act 1996 (4th edn London, Informa 2008)
  • B Harris, R Planterose and J Tecks, The Arbitration Act 1996: A Commentary (4th edn, Blackwell Science UK 2007) 

         Other Materials:  Cases available either in Born, International Arbitration (generally as excerpts) / online

Indicative learning resources - Web based and electronic resources

Key words search

international commercial arbitration; arbitration

Credit value15
Module ECTS

7.5

Module pre-requisites

none

Module co-requisites

none

NQF level (module)

6

Available as distance learning?

No

Origin date

05/02/2020

Last revision date

13/08/2020