The University of Southampton
Courses

LAWS6086 International Commercial Arbitration

Module Overview

This module covers the principles of international commercial arbitration, and the applicable English law. International arbitration is often (but not always) 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. Some arbitration rules are of general application in the commercial field, such as the AAA, ICC, and LCIA rules. Others may apply to specific sectors, such as the various sets of ARIAS rules (insurance and reinsurance), the LMAA rules (maritime arbitration other than salvage claims under Lloyd's open form), the GAFTA rules (trade of grain and feed), the FOSFA rules (trade of oilseeds, oils and fats) and the Lloyd’s rules (salvage claims). 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

Module Aims

To familiarise you with the English law of international commercial arbitration, and the main principles governing international commercial arbitration. By the end of the course, you should be able to: - handle the legal sources, and to understand: - the arguments advanced in the cases, and - in the secondary sources, such as books and articles.

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

  • The main principles of international commercial arbitration.
  • The legal regime of arbitration agreements, including: (a) juristic basis of arbitration; (b) main principles of the Arbitration Act 1996; (c) parties to, and incorporation of arbitration agreements; (d) process of, and support for arbitration, (e) recognition and enforcement of arbitration awards of arbitral awards (including foreign awards, for example under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958); (f) jurisdiction, and legal challenges to arbitral decisions; (g) relationship between statutory and inherent jurisdiction; (h) separability of the arbitration agreement; (i) effect of ECJ and CJEU decisions on English arbitration law.
Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

  • Construct legal arguments clearly and coherently in writing.
  • Demonstrate independence of mind in the presentation and defence of an argument, in writing.
Transferable and Generic Skills

Having successfully completed this module you will be able to:

  • Apply legal principles and rules to factual situations
  • Prepare and present written submissions.
  • Critically assess models, concepts and principles on a comparative basis
  • Employ research, organizational, and time management skills

Syllabus

This module covers the principles of international commercial arbitration, and the applicable English law. We will cover specifically: The main principles of international commercial arbitration. The legal regime of arbitration agreements, including: (a) juristic basis of arbitration; (b) main principles of the Arbitration Act 1996; (c) parties to, and incorporation of arbitration agreements; (d) process of, and support for arbitration, (e) recognition and enforcement of arbitration awards of arbitral awards (including foreign awards, for example under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958); (f) jurisdiction, and legal challenges to arbitral decisions; (g) relationship between statutory and inherent jurisdiction; (h) separability of the arbitration agreement; (i) effect of ECJ and CJEU decisions on English arbitration law.

Learning and Teaching

Teaching and learning methods

Teaching for this module will be 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 surrounding international commercial arbitration 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. E-learning E-learning facilities are provided through the Blackboard learning environment which enables access to many additional resources and supporting learning materials. Lectures will be recorded in case any part of a lecture is missed (since your first language may well not be English). Computer-based quizzes will be used alongside the lectures and tutorials to help provide a direction for your study. Student support service for learning We will help support your learning needs throughout your time of study. We will provide an induction programme as well as individual support in study skills, where appropriate. You will also be allocated a tutor to support your academic development.

TypeHours
Teaching50
Independent Study250
Total study time300

Resources & Reading list

R Merkin. Arbitration Law (available on i-Law). 

Assessment

Formative

Mooting

Summative

MethodPercentage contribution
Examination  (3.5 hours) 100%

Repeat

MethodPercentage contribution
Examination  (3.5 hours) 100%

Referral

MethodPercentage contribution
Examination  (3.5 hours) 100%

Repeat Information

Repeat type: Internal & External

Costs

Costs associated with this module

Students are responsible for meeting the cost of essential textbooks, and of producing such essays, assignments, laboratory reports and dissertations as are required to fulfil the academic requirements for each programme of study.

In addition to this, students registered for this module typically also have to pay for:

Textbooks

Recommended texts for this module may be available in limited supply in the University Library and students may wish to purchase the core/ recommended text as appropriate. Arbitration Law is on i-Law, and hence free for students to read. All primary sources referred to are accessible either on the Internet, or via the legal databases to which we subscribe. It is therefore possible to study this module without cost.

Please also ensure you read the section on additional costs in the University’s Fees, Charges and Expenses Regulations in the University Calendar available at www.calendar.soton.ac.uk.

Share this module Facebook Google+ Twitter Weibo

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.

×