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• College of Social Sciences and International Studies

Postgraduate Module Descriptor

LAWM084: International Arbitration

This module descriptor refers to the 2021/2 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.

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:

1. An overview of the International Dispute Resolution process.
2. 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:

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

Online Resources

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

There is a wealth of further online materials. 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.

How this Module is Assessed

In the tables below, you will see reference to 'ILO's. An ILO is an Intended Learning Outcome - see Aims and Learning Outcomes for details of the ILOs for this module.

Formative Assessment

A formative assessment is designed to give you feedback on your understanding of the module content but it will not count towards your mark for the module.

Summative Assessment

A summative assessment counts towards your mark for the module. The table below tells you what percentage of your mark will come from which type of assessment.

...and this table provides further details on the summative assessments for this module.

Re-assessment

Re-assessment takes place when the summative assessment has not been completed by the original deadline, and the student has been allowed to refer or defer it to a later date (this only happens following certain criteria and is always subject to exam board approval). For obvious reasons, re-assessments cannot be the same as the original assessment and so these alternatives are set. In cases where the form of assessment is the same, the content will nevertheless be different.

Indicative Reading List

Basic reading:

There is no textbook as such for this course. It is suggested that you have access to 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 via the library.

There are a number of other books on arbitration available via 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) â?¨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. 

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