Postgraduate Course: International Commercial Arbitration (LAWS11269)
Course Outline
| School | School of Law |
College | College of Humanities and Social Science |
| Course type | Standard |
Availability | Available to all students |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Credits | 20 |
| Home subject area | Law |
Other subject area | None |
| Course website |
None |
Taught in Gaelic? | No |
| Course description | The world is a global market place as never before. Legal individuals contract with others across the globe. Parties can choose where and how to resolve their transnational disputes and in doing so protect their investment by international arbitration. Parties can benefit from a judgment $ú termed an award - that is generally more effective and enforceable than a judgment of a national court.
The course aims to provide a firm grounding in the legal aspects of ad hoc and institutional international arbitration as well as offering practical skills on how to conduct such arbitrations. The course will include a range of topics including an introduction to arbitration, applicable laws, arbitration clauses, the arbitral tribunal, the jurisdiction of the arbitral tribunal, the conduct of arbitral proceedings, the role of the national courts, the award, challenges to the award, and recognition and enforcement of the arbitral award.
This course is aimed at those who are interested in acquiring a detailed understanding of how transnational disputes are resolved and knowledge of the legal environment which facilitates such a process. The primary focus will be on international commercial arbitration in practice, combining a substantive legal understanding together with a practitioners&© perspective.
Aims and objectives:
Through the use of case studies and primary and secondary literature, the course aims to:
&· Introduce to and consider the laws, treaties and rules relating to international commercial arbitration;
&· Explore the different stages of arbitration proceedings, including enforcement of arbitral awards and explore the rules and practical considerations pertaining to those stages;
&· Analyse the interaction between arbitration and national courts, whether during arbitration or at enforcement stage;
&· Give a brief introduction and overview over the different considerations involved in Investment and State Arbitrations.
List of sessions:
1. Introduction to course and international commercial arbitration: What is international commercial arbitration? Why arbitration? Legal framework
2. Arbitrability; Arbitration clauses and submission agreements: content/requirements, defective clauses
3. The Arbitral Tribunal: Constitution, challenges, powers & duties; Conflicts of interest and disclosure
4. Conduct of the arbitral proceedings: place of arbitration, preliminary steps, written submissions, evidence, hearings, and proceedings thereafter; Fast track arbitration
5. The role of counsel, the parties, witnesses and others in arbitration
6. Applicable laws to the arbitration procedure, to the substance, and to the agreement to arbitrate; UNCITRAL Model Law and 2010 UNCITRAL Arbitration Rules
7. Role of national courts in international commercial arbitration
8. Arbitral award/challenges to award/recognition & enforcement
9. New developments and a comparison of arbitration legislation around the world with particular reference to the Arbitration (Scotland) Act 2010
10. Investment arbitration; Arbitration & States
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
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Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
| Additional Costs | Students should have regular and reliable access to the Internet. Print consumables are recommended to provide hard copy of some on materials. |
Information for Visiting Students
| Pre-requisites | None |
| Displayed in Visiting Students Prospectus? | No |
Course Delivery Information
| Not being delivered |
Summary of Intended Learning Outcomes
By the end of the course, students should have:
&· A firm substantive and practical understanding of international commercial arbitration.
&· A firm understanding of the inter-relationship between arbitration proceedings, national laws and international treaties and how to enforce arbitration awards worldwide.
&· A firm understanding of ad hoc and institutional arbitration.
&· Developed skills of reading and critical analysis of Arbitral legislation, International Treaties and Procedural Rules.
&· Developed written and oral skills, including the clear succinct expression of ideas.
&· Developed research skills and techniques in the field of international arbitration.
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Assessment Information
| One essay of up to 5,000 words (60%); one piece of assessed work (20%); contribution to online discussions (20%). |
Special Arrangements
| None |
Additional Information
| Academic description |
Not entered |
| Syllabus |
Not entered |
| Transferable skills |
Not entered |
| Reading list |
Not entered |
| Study Abroad |
Not entered |
| Study Pattern |
Not entered |
| Keywords | Not entered |
Contacts
| Course organiser | Dr Simone Lamont-Black
Tel: (0131 6)50 2060
Email: simone.lamont-black@ed.ac.uk |
Course secretary | Ms Clare Neilson
Tel:
Email: clare.neilson@ed.ac.uk |
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