Postgraduate Module Descriptor

LAWM084: International Arbitration

This module descriptor refers to the 2019/0 academic year.

Module Aims

The main aims of the course are to provide you with a deep understanding of international commercial arbitration, its practical applications alongside with its underpinning legal principles. After taking the course, you will be in the position to provide legal advice in relation to any aspect of an international commercial arbitration agreement/procedure, from the validity of the arbitration agreement, the procedural aspects of international commercial arbitration, to the possibility of challenging an arbitral award, and the enforcement of an award under the New York Convention on Recognition and Enforcement of foreign arbitral awards.

Intended Learning Outcomes (ILOs)
This module's assessment will evaluate your achievement of the ILOs listed here - you will see reference to these ILO numbers in the details of the assessment for this module.
On successfully completing the programme you will be able to:
Module-Specific Skills	1. Demonstrate deep, systematic knowledge and understanding of the practice of international commercial arbitration 2. Undertake complex critical evaluation of the main legal rules and procedures relevant to international arbitral practice using specialist literature and research.
Discipline-Specific Skills	3. Demonstrate detailed and comprehensive knowledge and understanding of legal concepts and critical awareness of their social and political implications. 4. Synthetise knowledge and translate it into legal advice
Personal and Key Skills	5. Confidently manage relevant learning resources, information and strategies and to develop your own opinions at a high professional level. 6. Effectively communicate in writing in a manner appropriate to the discipline.

Module Content

Syllabus Plan

While the module’s precise content may vary from year to year, it is anticipated that the following topics will be covered in this order:

An overview of the International Dispute Resolution process.
Introducing Alternative Dispute Resolution (ADR) and its major components—arbitration and mediation.

Identifying “international” proceedings.
Describing the several differing processes and distinguishing between them.
Discussing preparation of arbitral agreements
Discussing the more significant problem areas
Discussing the actors, arbitrators/mediators, counsel, witnesses, experts and the like.
Discussing the mediation and arbitration processes.
Discussing the concept of finality, as that term is used in arbitral proceedings.
Reviewing the many contributions of UNCITRAL.
Evaluating the function played by institutional providers.
Discussing the pivotal role of ADR in resolving international trade disputes
Discussing the prominent role of ADR in resolving disputes at international trade organizations.

Learning and Teaching

This table provides an overview of how your hours of study for this module are allocated:

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
30	270	0

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

Category	Hours of study time	Description
Scheduled teaching	30	10 x 3 hour seminars
Guided independent study	90	Review of assigned text materials
Guided independent study	90	Review of relevant legal articles, relevant Academic and professional sources, and review of relevant judicial decisions
Guided independent study	90	Reading and preparing for the seminars, preparation of the questions to be discussed in the seminars, preparation for formative and summative assignment

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).

There is a wealth of materials available online. You may find it helpful to look at the UNCITRAL website (where you can find the text of the 1958 New York Convention and related documents, the UNCITRAL Model Law on international commercial arbitration and related documents, the UNCITRAL Arbitration Rules and the UNCITRAL Conciliations Rules, etc.), the ICC website (where you can find copies of the ICC Rules of Arbitration and the ICC ADR Rules), and a number of other websites, including, but not limited to, the website of the American Arbitration Association, the website of the London Court of International Arbitration, the website of the London Maritime Arbitration Association, the website of the International Centre for Settlement of Investment Disputes (ICSID), etc.

Indicative Reading List

This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.

Basic reading:

There is no textbook as such for this course. It is suggested that you purchase A Tweeddale and K Tweeddale, Arbitration of Commercial Disputes: International and English Law and Practice (Oxford: OUP, 2007, paperback edn), which covers well both the international dimension of arbitration and English law. GB Born, International Arbitration: Cases and Materials (Alphen aan de Rijn, Kluwer Law International 2011), which reports the majority of non-English cases discussed in this course, is available in the library.

There are a number of other books on arbitration in the library that you should consult:

N Blackaby and ors, Redfern & Hunter on International Arbitration (paperback edn Oxford, OUP 2009)
DM Lew, LA Mistelis, SM Kröll, Comparative International Commercial Arbitration (The Hague, Kluwer Law International, 2003)
WW Park, Arbitration of International Business Disputes: Studies in Law and Practice (New York, OUP 2006)
J-F Poudret and S Besson, Comparative Law of International Arbitration (London, Sweet & Maxwell 2007)
LA Mistelis and SL Brekoulakis, Arbitrability: International & Comparative Perspectives (Alphen aan den Rijn, Kluwer Law International 2009)
J-L Delvolvé, GH Pointon, J Rouche, French Arbitration Law and Practice: A Dynamic Civil Law Approach to International Arbitration (Alphen aan den Rijn, Kluwer Law International 2009). Two useful commentaries on the Arbitration Act 1996 are:
R Merkin and L Flannery, Arbitration Act 1996 (4th edn London, Informa 2008)
B Harris, R Planterose and J Tecks, The Arbitration Act 1996: A Commentary (4th edn, Blackwell Science UK 2007) (Materials Cases are available either in Born, International Arbitration (generally as excerpts) or online).