LW605-7-SP-CO:
International Commercial Dispute Resolution

The details
2024/25
Essex Law School
Colchester Campus
Spring
Postgraduate: Level 7
Current
Monday 13 January 2025
Friday 21 March 2025
15
28 March 2024

 

Requisites for this module
(none)
(none)
(none)
(none)

 

(none)

Key module for

LLM M10212 International Trade Law,
LLM M10224 International Trade Law

Module description

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.

Module aims

The aims of this module are:



  • To introduce the key methods of international commercial dispute resolution with a focus on international commercial arbitration.

  • To analyse the legal principles of international commercial arbitration.

  • To examine the national and transnational legislative framework regarding international commercial and investment arbitration.

  • To provide an understanding of the key issues and challenges in relation to international commercial and investment arbitration.

  • To equip students with a thorough knowledge of arbitral proceedings.

Module learning outcomes

By the end of this module, students will be expected to be able to:



  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.

Module information

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

  • The enforcement and challenge of arbitral awards

Learning and teaching methods

This module will be delivered 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.

Bibliography*

This module does not appear to have a published bibliography.

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

Coursework Exam
100% 0%

Reassessment

Coursework Exam
100% 0%
Module supervisor and teaching staff
Dr Johanna Hoekstra, email: jhoeks@essex.ac.uk.
Dr Johanna Hoekstra
lawpgtadmin@essex.ac.uk

 

Availability
Yes
Yes
No

External examiner

Prof Duncan Sheehan
University of Leeds
Professor
Resources
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).

 

Further information
Essex Law School

* Please note: due to differing publication schedules, items marked with an asterisk (*) base their information upon the previous academic year.

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