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International Arbitration

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. 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 deep 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.

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 writing

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

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:

• The international dispute resolution process
• Alternative dispute resolution (ADR) and its major components—arbitration and mediation
• Identifying “international” proceedings
• Processes, procedures and key actors in arbitral proceedings
• The preparation of arbitral agreements
• Finality
• UNCITRAL
• The use of ADR in resolving international trade disputes and disputes at international trade organisations.

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

There is no textbook as such for this course.

There are a number of books on arbitration available via the library that you should consult:
• N Blackaby and ors, Redfern & Hunter on International Arbitration – student version (6th ed. 2015)
• F Ferrari, F Rosenfeld, and J Fellas, International Commercial Arbitration: A Comparative Introduction (Elgar 2021)
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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 GB Born, International Arbitration: Cases and Materials (Alphen aan de Rijn, Kluwer Law International 2021, 3rd ed), which reports the majority of non-English cases discussed in this course, 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, Law, ADR