Module LAW3191 for 2020/1
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Undergraduate Module Descriptor
LAW3191: International Commercial Arbitration
This module descriptor refers to the 2020/1 academic year.
Module Aims
The module aims to provide students with a deep understanding of international commercial arbitration, its legal principles and practical application. Upon conclusion of the course, students will have a deep knowledge of all aspects of an international commercial arbitration agreement and its procedure, ranging from the validity of the arbitration agreement, the procedural aspects of international commercial arbitration, the issuing and enforcement of an award under the New York Convention on Recognition and Enforcement of foreign arbitral awards, and the challenge of an arbitral award. Topics to be covered include, inter alia the arbitration agreement, the competence of the constitution of the arbitral tribunal, the appointment of arbitrators and the issue of bias or arbitrators, the arbitration proceedings per se, the evidence accepted by the arbitral tribunal, the various special categories of arbitration disputes, the arbitral award and the enforcement of the arbitral award, the reasons for challenging an arbitral award and the enforcement of an arbitral award.
| 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 their critical awareness and social implications. 4. Synthesise knowledge and translate it into legal advice. |
| Personal and Key Skills | 5. Confidently manage relevant learning resources, information and strategies so as to develop your own legal opinions. 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 |
|---|---|---|---|
| Essay | 750 words | 1-6 | Written 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 |
|---|---|---|---|---|
| Essay | 100 | 3,000 words | 1-6 | Written feedback |
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 |
|---|---|---|---|
| Essay | Essay (3,000 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.
There is no single textbook as such for this course. Suggested books are:
- A Tweeddale and K Tweeddale, Arbitration of Commercial Disputes: International and English Law and Practice (Oxford: OUP, 2007, paperback edn
- GB Born, International Arbitration: Cases and Materials (Alphen aan de Rijn, Kluwer Law International 2011)
- N Blackaby and others, 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)
Commentaries on the Arbitration Act 1996:
- 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)
Other Materials: Cases available either in Born, International Arbitration (generally as excerpts) / online
