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QLLM392 International Commercial Arbitration (Sem 1)

Not available on the LLM in Comparative and International Dispute Resolution.

Module description

The aim of this module is to establish students’ knowledge and critical understanding as well as provide an insight into the practice of international commercial arbitration as an independent comparative law subject. The subject is first examined generically, without any reference to any national laws, arbitration rules or international instruments; and then various national and institutional approaches are presented.

Section A: Regulation and Infrastructure

  • Delimitation, Definition and Juridical Nature
  • Institutional and Regulatory Infrastructure
  • Arbitration and the Courts

Section B: Arbitration Agreement

  • Autonomy, Types, and Applicable Law
  • Formal and Substantive Validity
  • Interpretation of Agreements
  • Drafting Arbitration Clauses

Section C: Arbitration Tribunal

  • Rights and Duties of Arbitrators
  • Independence and Impartiality of Arbitrators
  • Challenge and Removal of Arbitrators

Section D: Applicable Law Issues

  • Determination of Applicable Law
  • Applicable Substantive Law
  • Transnational Rules, Lex Mercatoria and Trade Usages
  • Section E: Procedure and Evidence
  • Law Governing the Arbitration Procedure
  • Procedural Issues

Section F: Jurisdictional Issues

  • Arbitrability
  • Determination of Jurisdiction
  • Provisional Measures
  • Section G: Award – form, content, challenge and enforcement
  • Form and Content
  • Finality and Challenges to Award
  • Recognition and Enforcement

Prerequisites

None

Applicable Groupings

Mode of Assessment

2.15 hour written examination

Credits

22.5 credits

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