UCL FACULTY OF LAWS

LLM Programme

The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.


INTERNATIONAL ARBITRATION (LAWSG069)
Credit value: 30 credits (12 ECTS)

Module Convenor:
Dr Melis Özdel
Mr Martins Paparinskis

Intercollegiate teaching: No
Teaching Method: 20 x two-hour seminars
Who may enrol: LLM students
Prerequisites: None
Barred module combinations: None
Core module for specialism: International Commercial Law, Litigation and Dispute Resolution
Assessment
Practice Assessment: To be confirmed
Assessment method for Masters students: 3-hour unseen written examination
Module Overview

Module summary

Various cross-border commercial disputes, such as those arising under contracts for the international sale of goods, insurance and reinsurance and carriage of goods by sea, are frequently resolved by arbitration in London. This module concerns the contractual and procedural elements of international arbitration both from comparative and practical perspectives, focusing particularly on the Arbitration Act 1996, the UNCITRAL Model Law and the New York Convention. International arbitration on the basis of investment protection treaties borrows quite heavily from the practice of international commercial arbitration, but it also partly raises qualitatively different challenges, addressed in this module with particular focus on the ICSID Convention and UNCITRAL Rules of Arbitration.

Aims

  • to ensure that students develop a thorough understanding of the English law of arbitration and the core principles and elements of international commercial and investment arbitration;
  • to enable students to appreciate differences between arbitration procedures under major international arbitration rules used in practice (especially AAA, ICC and LCIA rules); as well as between international commercial arbitration and international investment arbitration (especially ICSID Convention and UNCITRAL Rules);
  • to enable students to discuss critically the effectiveness of the current regimes of international commercial and investment arbitration; and
  • to familiarise students with the sets of major international arbitration rules peculiar to maritime and international trade disputes (especially LMAA, GAFTA and FOSFA rules), and to international investment disputes (especially ICSID Convention and UNCITRAL Rules).

This module is accredited by the Chartered Institute of Arbitrators.

Module syllabus

The topics in this module include:

  • The general principles of international commercial arbitration
  • Formation, validity, scope and enforcement of arbitration agreements
  • Parties to an arbitration agreement
  • The key procedural stages of arbitration, from the appointment of arbitrators to the challenge, recognition and enforcement of arbitral awards
  • The role of the courts
  • Powers, duties and the jurisdiction of arbitrators
  • Confidentiality
  • The applicable law in international commercial arbitration
  • Alternative dispute resolution

Recommended materials

There is no single textbook for this module. However, students will find it useful to consult the following books:

  • N. Blackaby et al., Redfern and Hunter on International Arbitration (5th edn, 2009), OUP Oxford
  • G. Born, International Commercial Arbitration (2009), Kluwer Law International
  • J. Lew, L. Mistelis and S. Kröll, Comparative International Commercial Arbitration (2003), Kluwer Law International
  • G. Born, International Arbitration: Cases and Materials (2011), Kluwer Law International
  • A. Tweeddale and K. Tweeddale, Arbitration of Commercial Disputes: Studies in Law and Practice (2007), OUP Oxford

On investment treaty arbitration, the students will find it useful to consult the following books:

  • R Dolzer and C Schreuer, Principles of International Investment Law (2nd edn, 2012), OUP Oxford
  • Z Douglas, The Law of International Investment Claims (2009), CUP Cambridge
  • M Paparinskis, Basic Documents on International Investment Protection (2012), Hart Oxford

Students are also expected to consult various other books, journal articles and cases listed in the lecture notes, which will be posted on Moodle (virtual learning environment).

Preliminary reading

N. Blackaby et al., Redfern and Hunter on International Arbitration (5th edn, 2009), OUP Oxford, pages 1-63

A. Tweeddale and K. Tweeddale, Arbitration of Commercial Disputes:
Studies in Law and Practice
(2007), OUP Oxford, Introduction & Chapter 1

Z Douglas, The Law of International Investment Claims (2009), CUP Cambridge Chapter 1

Other information: N/A
Prizes for this module: There are currently no prizes available for this module.


APPLICATION NOTICES

The application process for the 2014-15 academic session, for entry in September 2014, is now closed.

Information regarding applications for September 2015 will be updated on the website in September 2014.

IMPORTANT NOTICE : Updated 28 May 2014

The Home Office issued an update about the acceptance of ETS tests (including TOEFL). They have now confirmed that Higher Education students applying for a Tier 4 visa may use a TOEFL test taken after 17 April, if a Higher Education Institution is willing to use its academic discretion. For those students entering in September 2014, UCL will continue to accept the TOEFL even if it was taken after 17 April. However, if an applicant still needs to book a test then we recommend that they take an alternative test to TOEFL. Those who have already arranged to take a different test following the previous advice from the Home Office, we encourage you to go ahead with taking the alternative test.

The TOEFL test will continue to be accepted for 2014 entrants who have been asked to take an English language qualification as part of their offer condition, and do not need to apply for a visa to study in the UK.