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 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 Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 26.5 | 123.5 |
...and this table provides a more detailed breakdown of the hours allocated to various study activities:
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activities | 22 | 11 x 2 hour lectures |
| Scheduled Learning and Teaching Activities | 4.5 | 3 x 1.5 Hours Seminars |
| Guided independent study | 81 | Preparation of the questions to be discussed in the seminars. |
| Guided independent study | 42.5 | Preparation for formative and summative assignment. |
Online Resources
This module has online resources available via ELE (the Exeter Learning Environment).
- ELE – vle.exeter.ac.uk
- UNCITRAL website https://uncitral.un.org/ (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)
- ICC website https://iccwbo.org/ (where you can find copies of the ICC Rules of Arbitration and the ICC ADR Rules),
- American Arbitration Association website https://www.adr.org/
- London Court of International Arbitration website https://www.lcia.org/
- London Maritime Arbitration Association website http://lmaa.london/
- International Centre for Settlement of Investment Disputes (ICSID) website https://icsid.worldbank.org/en/
- Investment treaty arbitral awards (available online at www.italaw.com )
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
