Module overview
In commerce, arbitration is often the preferred method of resolving commercial disputes. Disputes relating to international trade, foreign investments, insurance and reinsurance, and construction are commonly resolved by arbitration, as are disputes under a charterparty, a bill of lading or a ship sale agreement.
Arbitration agreements may make their own provision for applicable law and procedure, but often refer to arbitration under a specified set of arbitration rules.
The module covers the main principles adopted in English law. The English law was largely, but not entirely, codified in the Arbitration Act 1996, giving effect to many fundamental principles, which are accepted internationally. The application of the main provisions of the 1996 Act therefore forms the backbone of the course.
Aims and Objectives
Learning Outcomes
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- understand the main principles which govern the English law of commercial arbitration and the extent to which English law is influenced by internationally accepted principles.
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- analyse relevant legal materials, including statutes, case law and standard arbitration clauses,
- describe and assess existing areas of debate about what the law is and what it ought to be, both in the UK and internationally,
- appraise and criticise existing debates in U.K. and international arbitration law, using appropriate legal research skills,
- identify and explain the main internationally-accepted principles underpinning the law relating to commercial arbitration,
- locate and analyse relevant legal and other primary and secondary source materials including model contracts.
- apply the legal principles, with appropriate legal authorities, in the solution of complex problems,
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- distinguish relevant from irrelevant materials,
- display clarity and objectivity in written discussion demonstrating an awareness of issue of academic integrity.
- manage your time effectively.
- think critically, develop coherent arguments in writing,
- identify and analyse key issues,
Syllabus
The following is an indicative list of module content. These topics may change year-by-year, reflecting current developments and allowing syllabus evolution
- arbitration agreements and their interpretation; what is an arbitrable dispute;
- structure of the Arbitration Act 1996; applicability; its (stated) principles; mandatory and non-mandatory provisions;
- seat of the arbitration;
- principle of separability;
- arbitration agreements and third parties (principles);
- enforcement including of the negative obligation: stays, anti-suit injunctions - but not the EU element;
- judicial control of arbitration; jurisdiction, serious irregularity and error of law;
- judicial support for the arbitral process (principles);
- tiered dispute resolution;
- human rights aspects.
Learning and Teaching
Teaching and learning methods
Teaching for this module is by lectures and tutorials. Lectures will introduce the main principles and structure of the subject. You are expected to provide the main input to the tutorials, where the main issues of law are discussed.
The most important part of learning is your own independent study. This will, however, be closely guided, and firmly tied into the lectures, tutorials and assessment. Most of the discussion will revolve around the main legal decisions, and the arguments that have been advanced, and accepted or rejected in the cases. In tutorials you will have the opportunity to present arguments orally to a group of peers and defend your position under challenge.
Type | Hours |
---|---|
Seminar | 10 |
Lecture | 20 |
Preparation for scheduled sessions | 100 |
Revision | 20 |
Total study time | 150 |
Resources & Reading list
General Resources
Blackboard. A Blackboard website is available to the students with links to further e-resources. All cases and statutes are available using the legal databases.
Textbooks
Merkin. Arbitration Law. Informa.
Assessment
Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Examination Mock ExaminationSummative
This is how we’ll formally assess what you have learned in this module.
Method | Percentage contribution |
---|---|
Examination | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
Method | Percentage contribution |
---|---|
Examination | 100% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
Method | Percentage contribution |
---|---|
Examination | 100% |
Repeat Information
Repeat type: Internal & External