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.

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. 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.

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 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.

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
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
Take away problem question	Take away problem question (7,500 words)	1-6	August/September reassessment period