Postgraduate Course: International Commercial Arbitration (LAWS11269)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
|Course type||Online Distance Learning
||Availability||Not available to visiting students
|Summary||This course 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 course will focus on this body of law and how it operates in practical situations. The course will focus largely on international law and practice, with domestic and national solutions used mainly as examples of a developing international practice.
1: An introduction to arbitration and alternative dispute resolution
2: The features of international commercial arbitration
3: The law applicable to arbitration
4. The arbitration agreement and arbitrability
5: The arbitral tribunal
6: Arbitration procedure
7: National courts in international commercial arbitration
8: The award- challenges to the award
9: Recognition and enforcement of arbitral awards
10. Investment arbitration
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| Please contact the online learning team at firstname.lastname@example.org
|Additional Costs|| Students must have regular and reliable access to the internet
Course Delivery Information
|Academic year 2020/21, Not available to visiting students (SS1)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 40,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||One essay of up to 4,000 words (80%) and one multiple choice test (20%).
Requirements for all course assessments will be outlined to students within the individual courses at the start of each semester.
||Students will have the opportunity to obtain formative feedback over the course of the semester. The feedback provided will assist students in their preparation for the summative assessment.
Details of the School's feedback policy will be available at the start of the course.
|No Exam Information
On completion of this course, the student will be able to:
- develop a sound understanding of the main international legal instruments used to regulate international commercial arbitration;
- develop a firm substantive and practical understanding of international commercial arbitration;
- develope written skills, including the clear succinct expression of ideas;
- develop 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 week 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 detailed list of key resources will be available at the start of the course.
|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 course, 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 online learning.
|Additional Class Delivery Information
||This course is taught by online learning.
|Course organiser||Dr Simone Lamont-Black
Tel: (0131 6)50 2060
|Course secretary||Ms Clare Polson
Tel: (0131 6)51 9704