module specification

Arbitration is an alternative dispute resolution method which is frequently chosen in commercial and maritime disputes.

Students on this module will develop a comprehensive understanding of the legal issues attached to international arbitration, from the formation of the arbitration agreement until the enforcement of the arbitral award.

MODULE AIMS

The aim of this module is for students to be able to:

• understand the complexities surrounding the inclusion of an arbitration agreement in a commercial contract
• learn important principles and concepts of arbitration
• critically engage with relevant case law
• ascertain the various stages involved in arbitration, beginning with the arbitration agreement and extending to a possible challenge or enforcement of an arbitral award

No pre-requisites. Not available for Study Abroad.

• Introduction to ADR
• International commercial arbitration
• The arbitration agreement
• Institutional arbitration
• Arbitration under English law
• Challenging an arbitral award
• Enforcement and recognition of an arbitral award

Overview

Students will be taught by a combination of online lectures, interactive online seminars, one-to-one supervision, and self-study of a comprehensive module, with students encouraged to read from specified case law and legal journals. Students will be given the opportunity to discuss theoretical issues as well as practical problem solving.  Students will be supported in undertaking on-line research using electronic law databases and encouraged to use on line legal resources on a regular basis. There is a virtual learning environment containing handbooks, lecture notes, weblinks, discussion groups, study skills materials and assessment criteria. 

Experiential Learning

Students will be encouraged to respond to realistic case-studies relating to the sector, giving written legal opinions to clients in the style of a professional legal advisor. Students will also be able to participate in the extracurricular experiential learning offered within the Law School, including the Pro Bono Clinic and the Mooting Club.

Study Support

Students will have regular access to module tutors by email and by one-to-one video conferences to support their studies. They will also engage with one formative assessment for each module, which will be marked promptly with opportunities for feedback either by email or individual online discussion.

On successful completion of the module, you will be able to do the following:

1. Comprehend and manage a substantial body of legal knowledge focused on arbitration law
2. Demonstrate a critical understanding of the key concepts of arbitration.
3. Research and manage legal information from paper and IT resources and present competent legal arguments in writing.
4. Synthesise relevant case law and statute, understand and present conflicting arguments and apply the law to problem scenarios.

The module adopts the assessment strategy principles of GSBL which have been developed in the spirit of ESJ. These are:

1. The School is committed to ensuring that each student should not have more no more than 2 assessment points per 20 credit module.
2. We provide balanced forms of assessment, both in terms of its overall volume (measured in terms of assessment points and output required and the types used.
3. Group activities are part of the learning and teaching strategies but assessment is at the level of the individual. Thus, assessment focused on individual reflections and learning from participating in a group activity.
4. Flexibility/choice in assessment methods will be introduced wherever possible in order to facilitate different learning studies and support personalization

Assessment of the module will be by way of written legal advice to a client in relation to a dispute arising from a contract containing an arbitration agreement.

In line with our policy on facilitating formative feedback to students, the assessment strategy is designed to provide formative feedback on the assessment before it is due to be submitted.

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