Unit information: International Commercial Arbitration in 2013/14

Unit name	International Commercial Arbitration
Unit code	LAWDM1005
Credit points	30
Level of study	M/7
Teaching block(s)	Teaching Block 4 (weeks 1-24)
Unit director	Professor. Hill
Open unit status	Not open
Pre-requisites	Law of Contract LAWDM0061 (or equivalent) Law of Tort LAWDM0062 (or equivalent)
Co-requisites	none
School/department	University of Bristol Law School
Faculty	Faculty of Social Sciences and Law

Description including Unit Aims

Arbitration has become the dispute resolution method of choice in international business; transnational contracts frequently include a clause referring any disputes which may arise between the parties to arbitration. This unit aims to explain how arbitration works as a method of dispute resolution and to explore the legal framework in which international commercial arbitration operates. This framework comprises four main components: first, the law governing the arbitration agreement (which determines the agreement's validity and scope); secondly, the rules which govern procedural aspects of an arbitration (such as the constitution of the tribunal, the tribunal's powers and the powers that may be exercised by a national court in relation to an arbitration); thirdly, the law (or other considerations) by reference to which the tribunal determines the parties' dispute; and fourthly, the law governing enforcement of an arbitral award through the courts (whether in the country of origin or in another country).

Aims:

• to understand how arbitration differs from litigation and to assess its strengths and weaknesses as a method of dispute resolution;

• to understand how the essentially private process of arbitration interacts with the legal system;

• to understand the interrelationship between applicable norms which derive from a variety of different sources at different levels (the agreement of the parties, arbitral institutions, national law and international conventions);

• to understand the various stages of an arbitration and the different ways in which legal problems can arise at these various stages;

• to be able to identify the legal problems posed by complex factual situations and to understand how the applicable norms provide answers to such problems;

• to understand how the current legal framework came into being and how it might be reformed;

• to understand the key theoretical debates which have played a role in shaping the laws development.

Intended Learning Outcomes

By the end of this unit, the student will be able, to a degree commensurate with the level at which the unit is taught, to:

• demonstrate a sound understanding of the strengths and weaknesses of arbitration as a method of dispute resolution and of the legal framework which regulates international commercial arbitration

• reveal an understanding of the ways in which the legal system can impact upon the process of arbitration

• show some understanding of the different approaches taken by different legal systems to certain key issues

• show a firm grasp of the important legal principles in the field of international commercial arbitration and be able to apply them accurately to offer reasoned solutions to hypothetical problem questions;

• to understand the process whereby the system for the regulation of international commercial arbitration has arrived at its current position

• show an understanding of the goals of legal regulation in this field and assess the theoretical debates that have shape the current system of regulation.

Teaching Information

Two-hour seminars (eleven).

Assessment Information

Formative assignment in the Autumn term.

Coursework assignment; 3,000 words (33% of the marks) Three-hour examination (67% of the marks)

Reading and References

• Redfern & Hunter, Law and Practice of International Commercial Arbitration (4th edn, 2004)

• Moses, The Principles and Practice of International Commercial Arbitration (2009)

• Dicey, Morris & Collins, The Conflict of Laws (14th eds, 2006)

• Hill. International Commercial Disputes (3rd edn, 2005)

• Sutton, Russell on Arbitration (23rd edn, 2007)