Where modules run over two terms as a 30 credit module, SIL students will attend and be assessed on the contents of term 1. Please note that some modules reflect this with an additional "A" in their module code, but this is not the case for all of them due to special assessment arrangements for SIL students.
All assessments are graded on a pass/fail basis.
INTERNATIONAL ARBITRATION (LAWSG069) Credit value: 30 credits (12 ECTS)
Assessment method for Masters students: 3-hour unseen written examination
Assessment method for SIL students: 3,000 word coursework essay
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 commercial arbitration both from comparative and practical perspectives, focusing particularly on the Arbitration Act 1996, the UNCITRAL Model Law and the New York Convention.
Aims
to ensure that students develop a thorough understanding of the English law of arbitration and the core principles and elements of international commercial arbitration;
to enable students to appreciate differences between arbitration procedures under major international arbitration rules used in practice (especially AAA, ICC and LCIA rules);
to enable students to discuss critically the effectiveness of the current regimes of international commercial 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).
NB: this module does not cover arbitration under investment treaties. Nor does it cover arbitration with government and state-owned entities.
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
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
Other information: N/A
Prizes for this module: There are currently no prizes available for this module.
