LAWSG069 International Arbitration

LAWSG069: INTERNATIONAL ARBITRATION
Credit value: 30 credits (15 ECTS, 300 learning hours)
Convenor: Melis Özdel;
Ugljesa Grusic
Other Teachers: The Rt. Hon. Lord Collins of Mapesbury
Teaching Delivery: 20 x 2-hour weekly seminars, 10 seminars per term, Term One and Two
Who may enrol: LLM students only
Prerequisites: None
Must not be taken with: None
Qualifying module for: LLM in Energy Law;
LLM in International Commercial Law;
LLM in Litigation and Dispute Resolution
Introductory video Currently there is no introductory video for this module
Assessment
Practice Assessment: Opportunity for feedback on one optional practice essay per term (two in total)
Final Assessment: One 3-hour unseen written examination (100%)
Module Overview
Module summary:

Various cross-border commercial disputes, such as those arising under contracts for the international sale of goods, insurance and reinsurance and carriage of goods by sea, are frequently resolved by arbitration in London.This module concerns the contractual and procedural elements of international arbitration both from comparative and practical perspectives, focusing particularly on the English Arbitration Act 1996, the UNCITRAL Model Law and the New York Convention. International arbitration on the basis of investment protection treaties borrows quite heavily from the practice of international commercial arbitration, but it also partly raises qualitatively different challenges, addressed in this module with particular focus on the ICSID Convention and UNCITRAL Rules of Arbitration.

Module aims:

  • to ensure that students develop a thorough understanding of the English law of arbitration and the core principles and elements of international commercial and investment arbitration;
  • to enable students to appreciate differences between arbitration procedures under major international arbitration rules used in practice (especially AAA, ICC and LCIA rules); as well as between international commercial arbitration and international investment arbitration (especially ICSID Convention and UNCITRAL Rules);
  • to enable students to discuss critically the effectiveness of the current regimes of international commercial and investment arbitration; and
  • to familiarise students with the sets of major international arbitration rules peculiar to maritime and international trade disputes (especially LMAA, GAFTA and FOSFA rules), and to international investment disputes (especially ICSID Convention and UNCITRAL Rules).

This module is accredited by the Chartered Institute of Arbitrators.

Module syllabus:

  • The general principles of international commercial arbitration
  • Formation, validity, scope and enforcement of arbitration agreements
  • Parties to an arbitration agreement
  • The key procedural stages of arbitration, from the appointment of arbitrators to the challenge, recognition and enforcement of arbitral awards
  • The role of the courts
  • Powers, duties and the jurisdiction of arbitrators
  • Confidentiality
  • The applicable law in international commercial arbitration
  • Alternative dispute resolution
Recommended materials:

  • Blackaby, et al, Redfern and Hunter on International Arbitration (6th edn, 2015), OUP Oxford
  • Tweeddale A and Tweeddale K, Arbitration of Commercial Disputes: Studies in Law and Practice, (2007), OUP, Oxford
  • Mauro Rubino-Sammartano, International Arbitration: Law and Practice (2014) JurisNet LLC
  • B. Born, International Commercial Arbitration (2nd edn, 2014) Kluwer Law International
  • R Dolzer and C Schreuer, Principles of International Investment Law (2nd edn, 2012) OUP Oxford
  • Z Douglas, The Law of International Investment Claims (2009), CUP Cambridge

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment.

Preliminary reading:

  • Blackaby, et al, Redfern and Hunter on International Arbitration (6th edn, 2015), OUP Oxford, Chapter 1
  • Tweeddale A and Tweeddale K, Arbitration of Commercial Disputes: Studies in Law and Practice, (2007), OUP, Oxford, Introduction and Chapter 1