International Commercial Arbitration - LAWS8110

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Module delivery information

Location Term Level1 Credits (ECTS)2 Current Convenor3 2021 to 2022
Canterbury
Spring Term 7 20 (10) Gbenga Oduntan checkmark-circle

Overview

The aim of the module is to focus on the theoretical, institutional and practical aspects of modern international commercial arbitration. This would involve a close examination of the ad hoc systems and the main institutional structures (e.g., ICC, ICSID, WIPO, Iran-US Claims Tribunal, and PCA). The module covers current issues and developments relating to international commercial arbitration including: arbitral jurisdiction; applicable procedural and substantive laws; the status and role of arbitration agreements; the conduct of arbitral proceedings; the arbitral award; challenge, recognition and enforcement of award; and online arbitration/online dispute resolution (ODR). The English Arbitration Act 1996 and the UNCITRAL Rules as well as the UNCITRAL Model Law will be examined closely. The course will also critically examine the relationship between international commercial arbitration and international development law as well as aspects of the international commercial arbitration concerning sovereign states in oil and gas disputes. Comparative study will be made of the emerging commercial arbitration legislation and international arbitral practice of certain developing states such as Nigeria, India and China. The course also aims to provide an appreciation of the similarities and contrasts between the work of international arbitral institutions and the work of international courts such as the International Court of Justice in commercial and economic matters.

Details

Contact hours

Total contact hours: 18
Private study hours: 182
Total study hours: 200

Availability

Spring Term

Method of assessment

Essay of no more than 4,000 words (80%)
Presentation, in groups, approx. 15 minutes per group mark awarded for the group (10%)
Group work paper, 1,000 words per group member, mark awarded for the paper overall (10%)

Indicative reading

• Alvarez, G.A. & Reisman W.M., The Reasons Requirement in International Investment Arbitration: Critical Case Studies (Martinus Nijhoff Publishers, 2008).
• Berger, K P., Private Dispute Resolution in International Business: Negotiation, Mediation, Arbitration (3rd ed, Kluwer Law International, 2015).
• Buhring-Uhle C., Arbitration and Mediation in International Business (2nd revised ed, Kluwer Law Interantional, 2006)
• Dezalay, Y. and Bryant, G.G., Dealing in Virtue: International Commercial Arbitration and the Construction of A Transnational Legal Order (2nd ed, The University of Chicago Press, 1998).
• Dowling-Hussey, A. & Dunne, D., Arbitration Law (Round Hall, 31 Oct 2008).
• Marshall, E.A., Gill: The Law of Arbitration (4th revised ed, Sweet & Maxwell, 2001).
• Marcel, F. & Ly, F., Drafting International Contracts (Bril- Nijhoff, 2006).
• Redfern, A. & Hunter, M., Law and Practice of International Commercial Arbitration (6th ed, 2015).

See the library reading list for this module (Canterbury)

Learning outcomes

1. Demonstrate knowledge of the underlying concepts and principles associated with the study of international commercial arbitration;
2. Demonstrate a factual and conceptual knowledge base, with some appreciation of the breadth of the field of international dispute resolution and the relevant terminology;
3. Draft, evaluate and interpret arbitration and other dispute resolution clauses;
4. Demonstrate knowledge and critical understanding of the well-established principles of alternative dispute resolution;
5. Apply underlying concepts and principles of arbitration and ADR where appropriate in real life scenarios an employment context;
6. Demonstrate knowledge of the main arbitration conventions and national laws relevant to the regulation of international commercial arbitration;
7. Critically understand the shortcomings of the international regime of recognition and enforcement of arbitral wards;
8. Demonstrate an understanding of the limits of their knowledge, and how this influences analyses and interpretations.

Progression

Stage 1

Notes

  1. Credit level 7. Undergraduate or postgraduate masters level module.
  2. ECTS credits are recognised throughout the EU and allow you to transfer credit easily from one university to another.
  3. The named convenor is the convenor for the current academic session.
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