Principles of Commercial Arbitration Law

Learning Outcomes

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• think critically, develop coherent arguments in writing,
• distinguish relevant from irrelevant materials,
• display clarity and objectivity in written discussion demonstrating an awareness of issue of academic integrity.
• identify and analyse key issues,
• manage your time effectively.

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• locate and analyse relevant legal and other primary and secondary source materials including model contracts.
• identify and explain the main internationally-accepted principles underpinning the law relating to commercial arbitration,
• analyse relevant legal materials, including statutes, case law and standard arbitration clauses,
• apply the legal principles, with appropriate legal authorities, in the solution of complex problems,
• appraise and criticise existing debates in U.K. and international arbitration law, using appropriate legal research skills,
• describe and assess existing areas of debate about what the law is and what it ought to be, both in the UK and internationally,

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.

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.

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.

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.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

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.

Repeat Information

Repeat type: Internal & External