International Commercial Arbitration
Run by School of History, Law and Social Sciences
20.000 Credits or 10.000 ECTS Credits
Organiser: Dr Wei Shi
Overall aims and purpose
This module provides an overview of the law and procedure of international commercial arbitration, and of its role as a unique channel for the settlement of business disputes arising out of transnational commercial transactions. It examines the most representative legal regimes in the area of dispute resolution through an integrated study of its theoretical and practical aspects, and explores current legal problems in arbitration, focusing on how to determine an appropriate approach when problems arise in actual practice, as well as the deeper questions of how the legal rules might fit into the existing framework of international commercial arbitration.
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.
C- to C+
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.
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.
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.
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.
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.
Critically investigate and formulate suggestions for the development and/or reform of the existing international sources of arbitration law.
Teaching and Learning Strategy
The module requires students to undertake private study in order to prepare for seminars and assessments.
The module will consist of 11 x 2 hour seminars. Each lecture will be a preparatory introduction to the related seminar. For each seminar students are required to prepare in advance and to look at essential reading together with preparation of problem questions, for which they will be expected to prepare outline answers which will enable them to participate in discussion of the questions in the seminars. The course will be taught by a combination of lectures and Socratic methods, with students required to consider hypothetical scenarios related to the seminar material. This will require advance preparation based on selected reading materials and legislations. This will provide students with the critical skills needed to assess the strengths and weakness of the legal regimes under examination.
- Literacy - Proficiency in reading and writing through a variety of media
- Computer Literacy - Proficiency in using a varied range of computer software
- Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
- Exploring - Able to investigate, research and consider alternatives
- Information retrieval - Able to access different and multiple sources of information
- Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
- Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
- Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
- Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
- Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
Subject specific skills
- present reasoned, critical, comparative responses to the views of others on legal subjects within a Welsh, United Kingdom, European and/or global context;
- present to others from a specialist or non-specialist background, reasoned, critical, comparative presentations relating to legal subjects within a Welsh, United Kingdom, European and/or global context;
- Students will acquire knowledge and understanding of basic principles, advanced level theories and explore the many traditional and contemporary challenges in International Law. They will receive a balanced education in the relevant law, theory, politics and practice.
- Students will be taught through a range of methods, balancing theory and practice, and aiming at developing critical thinkers able to respond to the intellectual and professional challenges facing contemporary International Lawyers.
- write sustained critical expositions of any given area of the legal subjects studied and present the findings clearly, logically and coherently;
Redfern and Hunter, Law and Practice of International Commercial Arbitration, Sweet & Maxwell, 4th ed. (2004) Collier and Lowe, The Settlement of Disputes in International Law, OUP (1999) Lew, Mistelis and Kröll, Comparative International Commercial Arbitration, Kluwer Law International (2003) Mustill and Boyd, Commercial Arbitration 2001 Companion, London and Edinburgh, Butterworths (2001) Born, International Arbitration: Law and Practice (2012) Margaret L. Moses, The Principles and Practice of International Commercial Arbitration, Cambridge University Press, 17 Mar 2008 Edited by Loukas A. Mistelis & Stavros L. Brekoulakis, Arbitrability : international & comparative perspectives (2009) Andrew Tweeddale, Keren Tweeddale, Arbitration of commercial disputes : international and English law and practice (2007) Strong, Stacie, Research and practice in international commercial arbitration : sources and strategies (2009)
Courses including this module
Optional in courses:
- M1AF: LLM International Commercial and Business Law year 1 (LLM/ICBL)
- M1AO: LLM International Intellectual Property Law year 1 (LLM/IIPL)
- M1AI: LLM International Law year 1 (LLM/IL)
- M1AC: LLM Laws year 1 (LLM/LAW)
- M1AR: LLM Maritime Law year 1 (LLM/MLAW)