Module LAWM084 for 2021/2
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
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.
On successfully completing the programme you will be able to: | |
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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. Synthesise 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 a manner appropriate to the discipline. |
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.
Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Take away problem question | 2,500 words | 1-6 | Written individual feedback |
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.
Coursework | Written exams | Practical exams |
---|---|---|
100 | 0 | 0 |
...and this table provides further details on the summative assessments for this module.
Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
---|---|---|---|---|
Take away problem question | 100 | 7,500 words | 1-6 | Written comments |
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.
Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
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Take away problem question | Take away problem question (7,500 words) | 1-6 | August/September reassessment period |
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 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.