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.

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 Skills1. 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 Skills3. 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 Skills5. 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.

Module Content

Syllabus Plan

Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:

An overview of the international dispute settlement mechanism. Arbitration as opposed to other Alternative Dispute Resolution (ADR) methods.

The criteria for an international commercial agreement and an international commercial dispute - essential characteristics of international commercial arbitration

The arbitration agreement: drafting / main, core areas / problems encountered. Autonomy and applicable law, validity, interpretation, the concept of arbitrability.

Regulatory framework for arbitration – forms of arbitration (institutional as opposed to ad hoc arbitration), the main institutional rules. The UNCITRAL Model Law

Actors in arbitration: arbitrators, counsels, witnesses, experts.

The arbitral tribunal: constitution, competence and challenge (the notions of “Kompetenz – Kompetenz” and “Separability”, selection and appointment of arbitrators, impartiality and independence, bias of arbitrators, challenge, removal and replacement of arbitrators)

The arbitration procedure – commencement of arbitration, taking evidence in arbitration, interim measures

The various special categories of arbitration disputes (maritime, insurance/reinsurance, construction, energy/investment disputes)

The arbitration award (finality, reasons for challenging an award)

Recognition and enforcement of foreign arbitral awards

Learning and Teaching

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

Scheduled Learning and Teaching ActivitiesGuided independent studyPlacement / study abroad
26.5123.5

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

CategoryHours of study timeDescription
Scheduled Learning and Teaching Activities2211 x 2 hour lectures
Scheduled Learning and Teaching Activities4.53 x 1.5 Hours Seminars
Guided independent study81Preparation of the questions to be discussed in the seminars.
Guided independent study42.5Preparation for formative and summative assignment.

Online Resources

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

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