LW605-7-SP-CO:
International Commercial Dispute Resolution I
PLEASE NOTE: This module is inactive. Visit the Module Directory to view modules and variants offered during the current academic year.
2023/24
Essex Law School
Colchester Campus
Spring
Postgraduate: Level 7
Inactive
Monday 15 January 2024
Friday 22 March 2024
15
25 February 2021
Requisites for this module
(none)
(none)
(none)
(none)
(none)
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
The module takes place over 10 weeks and is divided into 7 study units.
Week 1:
Unit 1: An Introduction to International Commercial Dispute Resolution
Week 2:
Unit 2: The Arbitration Agreement
Week 3 and week 4:
Unit 3: The Law Applicable to Arbitration
Week 5:
Unit 4: The Arbitral Procedure
Week 6:
Reading Week
Week 7:
Unit 5: Arbitral Awards and the Challenge of Arbitral Awards
Week 8:
Unit 6: The Recognition and Enforcement of Arbitral Awards
Week 9 and 10:
Unit 7: Investment Arbitration
The module will be taught with two 1 hour seminars every week which will be online and some that may be face-to-face.
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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 |
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 Johanna Hoekstra, email: jhoeks@essex.ac.uk.
Dr Johanna Hoekstra
lawpgtadmin@essex.ac.uk
Yes
Yes
No
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).
Essex Law School
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