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International Arbitration

Module description

International arbitration is the most common form of dispute resolution method of private international commercial disputes. Disputes relating to international commercial sales, foreign investments, insurance and reinsurance, and construction are generally resolved by arbitration, as are maritime commercial disputes under a charter party, a bill of lading, or a ship sale agreement.

The Course is suitable if you are interested in international commercial law, and aims at providing you with a practical understanding of the mechanisms governing the arbitration of private commercial law disputes. No previous experience in the area is required/necessary.

Module aims - intentions of the module

The main aims of the course are to provide you with a deep understanding of international commercial arbitration, its practical applications alongside with its underpinning legal principles. After taking the course, you will be in the position to provide legal advice in relation to any aspect of an international commercial arbitration agreement/procedure, from the validity of the arbitration agreement, the procedural aspects of international commercial arbitration, to the possibility of challenging an arbitral award, and the enforcement of an award under the New York Convention on Recognition and Enforcement of foreign arbitral awards.

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 critical awareness of their social and political 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 and to develop your own opinions at a high professional level.
• 6. Effectively communicate in a manner appropriate to the discipline.

Syllabus plan

While the module’s precise content may vary from year to year, it is anticipated that the following topics will be covered in this order:

1. An overview of the International Dispute Resolution process.
2. Introducing Alternative Dispute Resolution (ADR) and its major components—arbitration and mediation.

• Identifying “international” proceedings.
• Describing the several differing processes and distinguishing between them.
• Discussing preparation of arbitral agreements
• Discussing the more significant problem areas
• Discussing the actors, arbitrators/mediators, counsel, witnesses, experts and the like.
• Discussing the mediation and arbitration processes.
• Discussing the concept of finality, as that term is used in arbitral proceedings.
• Reviewing the many contributions of UNCITRAL.
• Evaluating the function played by institutional providers.
• Discussing the pivotal role of ADR in resolving international trade disputes
• Discussing the prominent role of ADR in resolving disputes at international trade organizations.

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

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

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

Indicative learning resources - Basic reading

Basic reading:

There is no textbook as such for this course. It is suggested that you have access to A Tweeddale and K Tweeddale, Arbitration of Commercial Disputes: International and English Law and Practice (Oxford: OUP, 2007, paperback edn), which covers well both the international dimension of arbitration and English law. GB Born, International Arbitration: Cases and Materials (Alphen aan de Rijn, Kluwer Law International 2011), which reports the majority of non-English cases discussed in this course, is available via the library.

There are a number of other books on arbitration available via the library that you should consult:

• N Blackaby and ors, 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)
• J-L Delvolvé, GH Pointon, J Rouche, French Arbitration Law and Practice: A Dynamic Civil Law Approach to International Arbitration (Alphen aan den Rijn, Kluwer Law International 2009) â?¨Two useful commentaries on the Arbitration Act 1996 are:
• 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)  Materials Cases are available either in Born, International Arbitration (generally as excerpts) or online. 

Indicative learning resources - Web based and electronic resources

There is a wealth of further online materials. You may find it helpful to look at the UNCITRAL website (where you can find the text of the 1958 New York Convention and related documents, the UNCITRAL Model Law on international commercial arbitration and related documents, the UNCITRAL Arbitration Rules and the UNCITRAL Conciliations Rules, etc.), the ICC website (where you can find copies of the ICC Rules of Arbitration and the ICC ADR Rules), and a number of other websites, including, but not limited to, the website of the American Arbitration Association, the website of the London Court of International Arbitration, the website of the London Maritime Arbitration Association, the website of the International Centre for Settlement of Investment Disputes (ICSID), etc.

Key words search

Arbitration, Commercial, International