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 )