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QLLM393 International Arbitration Law and Practice I: Theory and Context (Sem 1)

Only 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. Main focus will be on theory and this is an advanced module.

Regulation and Infrastructure

  • Delimitation, Definition and Juridical Nature
  • Institutional and Regulatory Infrastructure
  • Arbitration and the Courts
  • Arbitration and Rule of Law
  • Arbitration as a governance - its role in the domestic and international legal system(s).

Arbitration Agreement

  • Autonomy, Types, and Applicable Law
  • Arbitration Tribunal
  • Status, Rights and Duties of Arbitrators
  • Independence and Impartiality of Arbitrators
  • Ethics.

Applicable Law Issues

  • Doctrine of delocalisation and autonomy
  • Transnational Rules, Lex Mercatoria and Trade Usages.

Jurisdictional Issues

  • Arbitrability
  • Determination of Jurisdiction.

Award – form, content, challenge and enforcement

  • Legal Nature, 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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