Module SXL-4006:
Intn'l Commercial Arbitration

Overview

The course is divided broadly into three parts. The first part of the course is concerned with the theoretical and institutional structure of arbitration. It begins with a historical overview of international commercial arbitration and a comparative analysis of arbitration and litigation. The aim of this section is to provide students with grounding in the rules and procedures of international commercial arbitration. The second part of the course will be devoted to the examination of the legal framework within which arbitral disputes are resolved. This section focuses on certain specific aspects of international commercial arbitration such as the 1958 New York Convention on the Recognition and Enforcement of Arbitral Awards, the extent and timing of judicial review of awards, grounds for refusing recognition or enforcement of awards, and interim measures of protection. The third part of the course focuses on a review of the principles and practices of international commercial arbitration. This section examines recent developments in international commercial arbitration and the emergence of converging arbitral rules. Also included will be an overview of the arbitral institutions in China, Hong Kong and Japan.

Assessment Strategy

-good -B- to B+ (60-69%) · Demonstrate strong knowledge and understanding of most of the subject area. · Demonstrate evidence of background study. · Be well structured and focused. · Contain coherently presented arguments. · Be mostly free of factual/computational errors. · Include some elements of original interpretation. · Describe well known links between topics. · Analyse and/or explain problems using existing methods/approaches. · Be presented to high standards with accurate communication. -excellent -A- to A* (70%+) · Demonstrate comprehensive knowledge and detailed understanding of the subject area. · Demonstrate extensive background study. · Be well structured and highly focused. · Contain logically presented and defended arguments. · Be free of factual/computational errors. · Include significant elements of original interpretation. · Demonstrate an ability to identify, develop and present new links between topics. · Include new approaches to analysing and/or explaining a problem. · Be presented to very high standards with very accurate communication. -another level-C- to C+ (50-59%) · Demonstrate knowledge of key areas/principles. · Have some, if only limited, evidence of background study. · Be focussed on the question with only some irrelevant material and weaknesses in structure. · Attempt to present relevant and logical arguments. · Not contain a large number of factual/computational errors. · Describe major links between topics. · Attempt to analyse and/or explain problems. · Be free of major weaknesses in presentation and accuracy.

Learning Outcomes

• Critically evaluate current research and advanced scholarship on the main rules and principles operating in the areas of International commercial arbitration and apply the underlying concepts and principles of arbitration in real life international trade contexts.

• Critically investigate and formulate suggestions for the development and/or reform of the existing international sources of arbitration law.

• Demonstrate a critical awareness and systematic evaluation of the different theoretical notions of arbitration as a form of dispute resolution including its advantages and disadvantages relative to litigation, particularly in the context of international trade.

• Demonstrate a critical knowledge of the main international arbitration conventions and national laws relevant to the regulation of international commercial arbitration and of some major forms of institutional arbitration bodies, such as the International Chamber of Commerce (ICC) and its Dispute Resolution Services.

• Skilfully and practically apply international and domestic legal materials, case-laws and scholarly works on international arbitration norms and principles to independently solve commercial disputes.