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 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).