Studying at York
International Commercial Arbitration - LAW00081M
Module summary
Arbitration is the dispute resolution method of choice in international transactions. The module will provide an overview and examination of the main topics and aspects of international commercial arbitration. This will equip students with the knowledge of the law and practice of international commercial arbitration. The module covers current issues and developments relating to international commercial arbitration including: arbitral jurisdiction; applicable laws; the status and role of arbitration agreements; the conduct of arbitral proceedings; the arbitral award; challenges, specialised arbitration like energy arbitration and recognition and enforcement of award.
Module will run
| Occurrence | Teaching period |
|---|---|
| A | Spring Term 2022-23 |
Module aims
The module aims to provide students with a deep understanding of international commercial arbitration, its legal principles and practical application. The module will examine the conceptual and practical issues relating to matters such as arbitration agreements, the relevant law, the structure and process of international arbitration, and the recognition and enforcement of arbitral awards.
It is designed to:
- Provide students with a depth of knowledge and critical understanding of the theoretical basis of international arbitration;
- Provide students with a detailed understanding of the role and function of arbitrators and arbitral institutions in international arbitration;
- Help students to apply arbitral principles, laws and rules to different scenarios to solve problems;
- Provide students with skills to apply the knowledge gained in professional practice.
Module learning outcomes
- Demonstrate a depth of knowledge and critical understanding of the underlying concepts and principles of international commercial arbitration;
- Demonstrate knowledge and critical evaluation of the main legal rules and procedures in international commercial arbitration;
- Analyse, with critical awareness, draft and interpret arbitration clauses/agreements to resolve disputes;
- Apply underlying concepts and principles of international arbitration in real life scenarios;
- Demonstrate a critical understanding of the main rules on arbitration procedures under major international arbitral institutions used in practice;
- Synthesise complex facts and apply legal rules and principles to evaluate and advise on the legal issues in a commercial relationship that might result in disputes when contractual balance of the agreement is disrupted.
- Demonstrate initiative and originality in applying legal rules and principles by analysing recent developments to advise clients on how to manage disputes;
Module content
1. An introduction to arbitration and alternative dispute resolution (ADR)
2. Arbitration Agreement
3. Arbitration Tribunal
4. Jurisdictional issues, power and duties of arbitrators
5. Arbitration and applicable law
6. Specialised Arbitration: Energy Arbitration
7. The arbitration award
8. Challenge of arbitral awards
9. Enforcement of the award
Indicative assessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 100 |
Special assessment rules
None
Additional assessment information
The Case Study is divided into eight parts, each part being dealt with in a separate workshop. For the assessment, students will be required to submit written advice to the client on the position following three of the eight case Study parts. The three Case Study parts which form the basis of the assessment will be specified in the assessment document which will be made available following the end of teaching of the course.
Indicative reassessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 100 |
Module feedback
Students will receive formative feedback on their written and participation skills during the course of the module in seminars. Individual summative feedback on assessments will be provided.
Indicative reading
G. Born, International Arbitration: Law and Practice (Kluwer, 2nd ed, 2015)
DM Lew, LA Mistelis, SM Kröll, Comparative International Commercial Arbitration (The Hague, Kluwer Law International, 2003)
N. Blackaby and others, Redfern and Hunter on International Arbitration (OUP, 6th ed, 2015)