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QLLM394 International Arbitration Law and Practice II: Selected Issues (Sem 2)

Only available on LLM in Comparative and International Dispute Resolution programme.

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.

Regulation and Infrastructure

  • Role of Arbitral Institutions
  • Funding of Arbitral Proceedings, and Costs
  • Legitimacy.

Arbitration Agreement

  • Applicable Law: Formal and Substantive Validity
  • Parties to arbitration agreement
  • Interpretation of Agreements
  • Drafting Arbitration Clauses.

Applicable Law Issues

  • Determination of Applicable Law
  • Applicable Substantive Law.

Procedure and Evidence

  • Law Governing the Arbitration Procedure
  • Procedural Issues
  • Managing the Arbitral Process
  • Provisional Measures / Emergency Arbitrators
  • Multiparty, Multi-contract and Multi-action arbitration.

Prerequisites

Either QLLM385, QLLM391, QLLM392 or QLLM393.

Applicable Groupings

Mode of Assessment

2.15 hour written examination

Credits

22.5 credits

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