International Arbitration (LAWS0374)

This module concerns international commercial arbitration. 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, often with its seat in London. The first part of this module offers the fundamentals of international commercial arbitration, the most important dispute resolution mechanism for cross-border commercial disputes. This part of the module begins with the legal framework of international commercial arbitration. It then deals with the jurisdiction of arbitration tribunals and certain procedural issues arising in arbitration practice. It ends with the setting aside and recognition and enforcement of arbitral awards. The module focuses mainly on the English law of arbitration which is put in comparative perspective and compared and contrasted especially with the UNCITRAL Model Law on International Commercial Arbitration.

Module aims

• to ensure that students develop a thorough knowledge and understanding of the core principles, elements and rules of international commercial arbitration;

• to ensure that students develop a thorough knowledge and understanding of the most important instruments forming the legal framework of international commercial arbitration, in particular the English Arbitration Act, the UNCITRAL Model Law on International Commercial Arbitration and the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. Students will be encouraged to critically analyze and evaluate English and relevant foreign and international cases;

• to enable students to appreciate similarities and differences between arbitration procedures under major international arbitration rules used in practice (especially ICC and LCIA rules);

• to enable students to discuss critically the effectiveness of the current regimes of international commercial arbitration; and

• to develop students’ ability to identify and resolve main issues arising in arbitration practice.

Module syllabus

• • Introduction to International Arbitration
  • Sources of the law of arbitration
  • Formation, validity and interpretation of arbitration agreements
  • Deciding on arbitral jurisdiction; enforcing and resisting the enforcement of arbitration agreements
  • Laws and rules applicable to the merits
  • Arbitrators
  • Selected procedural issues in international commercial arbitration
  • Arbitral awards
  • Recourses against arbitral awards
  • Recognition and enforcement of arbitral awards

Recommended materials

• N. Blackaby and others, Redfern and Hunter on International Arbitration (OUP, 7th edn, 2022)

• G. Born, International Arbitration: Law and Practice (Kluwer, 3nd edn, 2021)

• M. Moses, The Principles and Practice of International Commercial Arbitration (CUP, 3rd edn, 2017)

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment.

Preliminary reading

• N. Blackaby and others, Redfern and Hunter on International Arbitration (OUP, 7th edn, 2022), Chapter 1

• G. Born, International Arbitration: Law and Practice (Kluwer, 3rd edn, 2021), Chapter 1

• M. Moses, The Principles and Practice of International Commercial Arbitration (CUP, 3rd edn, 2017), Chapter 1