LW605-7-AU-CO:
International Commercial Dispute Resolution I
2023/24
Essex Law School
Colchester Campus
Autumn
Postgraduate: Level 7
Current
Thursday 05 October 2023
Friday 15 December 2023
15
19 October 2023
Requisites for this module
(none)
(none)
(none)
(none)
(none)
LLM M10212 International Trade Law,
LLM M10224 International Trade Law
International Commercial Arbitration is the most popular alternative dispute mechanism to settle disputes arising from international commercial transactions. Therefore, an understanding of the key issues of international arbitration is important for those wishing to work in international business.
The purpose of this module is to introduce students to the arbitral procedure, the relationship between arbitration and national courts, and issues arising from various aspects of international commercial arbitration and investment arbitration. The module examines both the national and transnational legal framework and uses a comparative approach between national legal systems (with some emphasis on English law), international conventions, and transnational model laws.
1. Introduce the key methods of international commercial dispute resolution with a focus on international commercial arbitration
2. Analyse the legal principles of international commercial arbitration
3. Examine the national and transnational legislative framework regarding international commercial and investment arbitration
4. Provide an understanding of the key issues and challenges in relation to international commercial and investment arbitration
5. Equip students with a thorough knowledge of arbitral proceedings
On successfully completion of this module, students will:
1. Understand the key concepts and principles in international commercial dispute resolution
2. Demonstrate an in-depth understanding of the transnational legal framework on international commercial and investment arbitration
3. Understand the arbitral procedure and be able to apply this to different cases and scenarios
4. Be equipped to critically analyse theoretical questions regarding international commercial and investment arbitration
5. Have awareness of the key current developments in international arbitration
6. Have the ability to develop legal arguments in the area of international commercial dispute resolution and communicate these in a structured and effective manner
This module takes place over the course of one term and examines different topics in international commercial and investment arbitration.
Indicative topics include the arbitration agreement, the seat of arbitration, the arbitration tribunal and procedure, the applicable law to the arbitration, and the enforcement and challenge of arbitral awards.
This module will be taught via weekly 2-hour seminars.
The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts or PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the seminars and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your seminars.
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Blackaby, N., Partasides, C. and Redfern, A. (2022)
Redfern and Hunter on International Arbitration. 7th Revised edition. Oxford: Oxford University Press. Available at:
https://app.kortext.com/Shibboleth.sso/Login?entityID=https://idp0.essex.ac.uk/shibboleth&target=https://app.kortext.com/borrow/2084898.
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Lim, C.L., Ho, J. and Paparinskis, M. (2021b)
International Investment Law and Arbitration. 2nd Revised edition. Cambridge: Cambridge University Press (Virtual Publishing). Available at:
https://app.kortext.com/Shibboleth.sso/Login?entityID=https://idp0.essex.ac.uk/shibboleth&target=https://app.kortext.com/borrow/881915.
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The New York Convention?» New York Convention (no date). Available at:
http://www.newyorkconvention.org/.
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Van Harten, G. (2007)
Investment treaty arbitration and public law. Oxford: Oxford University Press. Available at:
https://academic.oup.com/book/12840?login=true.
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Bonnitcha, J., Skovgaard Poulsen, L.N. and Waibel, M. (2017)
Political Economy of the Investment Treaty Regime. Oxford: Oxford University Press. Available at:
https://opil-ouplaw-com.uniessexlib.idm.oclc.org/display/10.1093/law/9780198719540.001.0001/law-9780198719540.
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Lim, C.L., Ho, J. and Paparinskis, M. (2018)
International investment law and arbitration: commentary, awards, and other materials. Cambridge [UK]: Cambridge University Press. Available at:
https://app.kortext.com/Shibboleth.sso/Login?entityID=https://idp0.essex.ac.uk/shibboleth&target=https://app.kortext.com/borrow/881915.
The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's
reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Essay (LW605 International Commercial Dispute Resolution) |
|
100% |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Fikayo Taiwo, email: fikayo.taiwo@essex.ac.uk.
Law Education Office, pgtlawqueries@essex.ac.uk
Yes
No
Yes
Prof Duncan Sheehan
University of Leeds
Professor
Available via Moodle
Of 18 hours, 18 (100%) hours available to students:
0 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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