School of Law

SOLM044 International Arbitration Law and Practice: Applicable Law and Procedures (Sem 2)

Module Description

The aim of this course is to establish students’ knowledge and critical understanding as well as provide an insight into the practice of international commercial arbitration as an independent comparative law subject. The subject is first examined generically, without any reference to any national laws, arbitration rules or international instruments; and then various national and institutional approaches are presented.

Regulation and Infrastructure
- Role of Arbitral Institutions
- Costs and Legitimacy Concerns

Applicable Law Issues
- Determination of Applicable Law
- Applicable Substantive Law and Rules
- Mandatory Rules of Law

Arbitration Tribunal
- Selection, Status, Rights and Duties of Arbitrators
- Independence and Impartiality

Procedure and Evidence
- Law Governing the Arbitration Procedure
- Procedural Issues
- Managing the Arbitral Process
- Provisional Measures / Emergency Arbitrators
- Multiparty, Multi-contract and Multi-action arbitration
- Taking of Evidence
- Costs and Efficiency

Simulation of an arbitration process (depending on class size)

Module Aims

The aim of this module is to establish students’ knowledge and critical understanding as well as provide an insight into the practice of international commercial arbitration as an independent comparative law subject.  The subject is first examined generically, without any reference to any national laws, arbitration rules or international instruments; and then various national and institutional approaches are presented. 

Applicable Groupings

  • LLM in Comparative and International Dispute Resolution

Mode of Assessment

 3.15 hour examination

Credits

30 Credits