Postgraduate Course: International Commercial Arbitration (one semester) (LAWS11207)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
||Availability||Not available to visiting students
|Summary||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 judgement - termed an Award - that is generally more effective and enforceable than a judgement 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. There will also be an introduction to Investment Arbitration.
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 thorough understanding of the legal rules with a practitioners' perspective.
By the end of the course, students will have a firm substantive and practical understanding of international commercial arbitration, a firm understanding of the inter-relationship between arbitration, national laws and international treaties and how to enforce such awards worldwide and a firm understanding of ad hoc and institutional arbitration.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| Non-law students will have to supplement their reading to understand relevant legal concepts.
Course Delivery Information
|Academic year 2021/22, Available to all students (SV1)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 20,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||This course will be assessed by the following component(s):
1) Multiple choice assessment worth 25% (to be undertaken mid-course)
2) Essay worth 75% (to be submitted at the end of the course).
||Each course will provide the opportunity for at least one piece of formative assessment with associated feedback. This will be provided within an appropriate timescale to enable students to learn from this prior to the summative assessment.
In several of the sessions, there are case-study questions dealing with the topic being studied that week. Students are split into groups to consider the questions. Each week a different spokesperson from each group reports back to the class. Feedback is provided on the content and how the questions have been analysed to assist students for the essay questions in the assessment.
Feedback on the formative assessment may be provided in various formats, for example, to include written, oral, video, face-to-face, whole class, or individual. The course organiser will decide which format is most appropriate in relation to the nature of the assessment.
|No Exam Information
On completion of this course, the student will be able to:
- Demonstrate a detailed substantive and practical understanding of international commercial arbitration;
- Understand the inter-relationship between arbitration, national laws and international treaties and how to enforce such awards worldwide;
- Evidence an understanding of institutional arbitration, with particular emphasis on UNCITRAL, ICC and LCIA rules;
- Critically read and analyse Arbitral legislation, International Treaties and Procedural Rules;
- Demonstrate developed written and oral skills, including the clear succinct expression of ideas.
|There is no preliminary reading for this course.|
Recommended Textbooks for this course include:
- Moses, M., The Principles and Practice of International Commercial Arbitration, (3rd ed, Cambridge University Press: Cambridge, 2017); and
- Redfern, A.., Hunter, M., Blackaby, N. and Partasides, C., Redfern and Hunter on International Commercial Arbitration, (6th ed; paperback, OUP: Oxford, 2015).
|Graduate Attributes and Skills
||Skills and Abilities in Personal and Intellectual Autonomy:
- Develop original and creative responses to problems and issues.
- Deal with complex issues and make informed judgments in situations in the absence of complete or consistent data/information.
- Especially, capacity to engage with a holistic assessment of complex policies at the EU and national level.
- Identify the need for and engage with interdisciplinary cooperation to create and implement effective public policies.
Skills and Abilities in Communication:
- Communicate with peers, more senior colleagues, and specialists.
- Participate to a brainstorming and contribute to a collective reflections on issue solving
- Understand a broad variety of sources.
Skills and Abilities in Personal Effectiveness:
- Develop their ability to work independently under fixed deadlines.
- Develop their ability to lead and participate in team work.
- Develop their assertiveness with peers and supervising staff.
- Participate effectively in seminars and discussions.
- Develop their ability to present the outcome of independent research in a clear written and oral form.
|Keywords||international commercial arbitration,dispute resolution,arbitration law,arbitration
|Course organiser||Dr Simone Lamont-Black
Tel: (0131 6)50 2060
|Course secretary||Miss Bethan Walters
Tel: (0131 6)50 2386