Postgraduate Course: International Commercial Arbitration (LAWS11269)
|School||School of Law
||College||College of Humanities and Social Science
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
|Course type||Online Distance Learning
||Availability||Not available to visiting students
|Summary||This module will offer a unique and practical introduction to international commercial arbitration and will equip students with both theoretical and practical understandings of a topic of growing international significance.
In response to the need for cost-efficient, timely and appropriate dispute resolution, several methods have been developed taking proceedings outside the usual setting of the courtroom. Perhaps the most popular and successful of these (in the field of international trade) is international commercial arbitration.
The law and practice of international commercial arbitration seeks to find solutions which fit the needs of international business. The aim is to provide a neutral process acceptable to both parties to a transaction, one which minimises the risks of forum shopping and avoids the problems of conflicts over legal forum and applicable law, one which is commercial and sensitive to commercial needs.
International commercial arbitration is a creature of agreement and cannot operate without the consent of the parties. Nonetheless the system cannot operate without legal regulation and a considerable body of law has developed as the process becomes more popular.
The law in question deals with issues such as how national legal systems regulate arbitration, give effect to arbitration agreements and enforce the decisions of arbitrators. Additionally there is a considerable amount of ¿soft¿ law, dealing with matters of how the process should operate and best practice for parties, counsel and arbitrators.
The module will focus on this body of law and how it operates in practical situations. The module will focus largely on international law and practice, with domestic and national solutions used mainly as examples of a developing international practice.
Session 1: An introduction to arbitration and alternative dispute resolution
Session 2: The features of international commercial arbitration
Session 3: The arbitration agreement
Session 4: The arbitral tribunal
Session 5: Arbitration procedure
Session 6: Arbitration and applicable law
Session 7: National courts in international commercial arbitration
Session 8: Investment arbitration
Session 9: The award- challenges to the award
Session 10: Recognition and enforcement of arbitral awards
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| Please contact the distance learning team at email@example.com
|Additional Costs|| Students must have regular and reliable access to the internet
Course Delivery Information
|Not being delivered|
On completion of this course, the student will be able to:
- a sound understanding of the main international legal instruments used to regulate international commercial arbitration;
- a firm substantive and practical understanding of international commercial arbitration;
- developed written and oral skills, including the clear succinct expression of ideas;
- developed research skills and techniques in the field of international commercial arbitration.
|The are two key textbooks which are available online via Edinburgh University Library: Margaret L. Moses, "The principles and practice of international commercial arbitration" (3rd edn., Cambridge University Press, 2017) and "Redfern and Hunter on International Arbitration (6th edn., Oxford University Press, 2015) (available on Westlaw). Generally, each session will involve the study of a chapter of either of these works, together with a number of associated readings consisting of caselaw, international legal materials and scholarly articles.|
A list of key module readings will be available in advance of the module. Detailed reading lists are then available each week.
|Graduate Attributes and Skills
||Students will develop their skills and abilities in:
1. Research and enquiry, through e.g. selecting and deploying appropriate research techniques;
2. Personal and intellectual autonomy, e.g. developing the ability to independently assess the relevance and importance of primary and secondary sources;
3. Communication, e.g. skills in summarising and communicating information and ideas effectively in written form;
4. Personal effectiveness, e.g. working constructively as a member of an online community;
5. Students will also develop their technical/practical skills, throughout the module, e.g. in articulating, evidencing and sustaining a line of argument, and engaging in a convincing critique of another's arguments.
||This course is taught by distance learning.
|Additional Class Delivery Information
||This course is taught by distance learning.
|Course organiser||Dr Simone Lamont-Black
Tel: (0131 6)50 2060
|Course secretary||Ms Clare Polson
Tel: (0131 6)51 9704