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)
Dr Melis Özdel
Dr Martins Paparinskis
The Rt. Hon. Lord Collins of Mapesbury
Dr. Bolanle Adebola
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 English 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.
- 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.
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
- The applicable law in international commercial arbitration
- Alternative dispute resolution
Background Reading (optional):
- 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
Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment in September.
|Delivery and enrolment
|Lectures/Seminars: 20 x 2-hour seminars
|Tutorials: Yes - 4 tutorials on international commercial arbitration (with Dr. Adebola) and 4 tutorials on investment arbitration (with Dr. Paparinskis)
|Previous module enrolments: Large – 51-100 students
|Who may enrol: LLM students
|Barred module combinations: None
|Core Module for LLM specialism: International Commercial Law, Litigation and Dispute Resolution, Energy Law
|Final Assessment: 3-hour unseen written examination
|Practice Assessment: Opportunity for feedback on one practice essay per term
This page was last updated on
31 July, 2014