LWMTCAD-International Commercial Arbitration (DL)

Module Provider: School of Law
Number of credits: 10 [5 ECTS credits]
Level:7
Terms in which taught: Autumn term module
Pre-requisites:
Non-modular pre-requisites: Registered for a postgraduate programme in law or selected MA or MSc programmes or with permission of the Director of PGT Studies in Law
Co-requisites:
Modules excluded:
Module version for: 2016/7

Module Convenor: Dr Bolanle Adebola

Email: b.adebola@reading.ac.uk

Summary module description:
Arbitration has been one of the most important processes for resolving disputes for several centuries and, although other methods of dispute resolution have evolved in recent years, (for example, mediation and conciliation), arbitration continues to retain its importance in both domestic and international contexts. This module seeks to provide a critical understanding of important aspects of international commercial arbitrations. It explores the characteristics of arbitration and discusses its operation in various international fora. The main focus of this module is on arbitration on the international trade/commercial context, but reference is also made to domestic arbitration in England and Wales.

Aims:
The module is designed:
• to give students the opportunity to acquire a critical understanding of important aspects of international commercial arbitration
• to promote an awareness of key structures, legal and policy issues in dispute resolution relevant to international trade
• to offer an understanding of, and encourage students to critically reflect upon, the underlying economic and legal concepts determining the choice of dispute resolution methods by commercial parties.

Assessable learning outcomes:
On successful completion of the module, students will be expected to be able to demonstrate:
• The ability to develop a detailed and critical understanding of the theory and practice of arbitration
• The ability to understand the functions and operations of the most commonly used sets of arbitral rules
• The ability to develop the skills and techniques required for concluding arbitral agreements and resolving disputes via arbitration
• An understanding of the operations of major centres for international arbitrations
• The ability to carry out competent and independent research into some aspects of the law relating to international commercial arbitration
• The ability to present and communicate their research findings effectively

Additional outcomes:
In addition to those listed in the School’s ‘core skills statement’, the module will encourage the development of:
• The ability to comment on the current state of the law and its future directions towards effective resolution of international commercial disputes

Outline content:
The module consists of the following main themes:

1. Arbitration compared to litigation and other forms of ADR
2. The Arbitral Agreement
3. The Arbitral Tribunal
4. Courts and the Arbitral Tribunal
5. UNCITRAL Rules and Institutional Arbitrations
6. Domestic and International Recognition of Arbitration

Brief description of teaching and learning methods:
There will be a mixture of audio-recorded lectures and on-line tutorials.
The on-line tutorials re-create a seminar environment in a virtual space. The tutor and the students communicate in real time via audio or written messages in the chat box. Discussions will be based on tutor-provided material in order to deepen student learning and encourage engagement with the study material.

Students will also be given the opportunity to submit a formative assessment which will be marked and returned with feedback. The mark will not count towards the module total, but the feedback is intended to provide both students and tutor with the opportunity to see how they are progressing and how they can improve, if necessary.

Contact hours:
  Autumn Spring Summer
Lectures 5
Tutorials 7
Guided independent study 88
       
Total hours by term 100.00
       
Total hours for module 100.00

Summative Assessment Methods:
Method Percentage

Other information on summative assessment:
1 x 8 page essay (formatted in accordance with the School of Law’s Assessed Work Rules)

Formative assessment methods:
Distance students will be required to complete a formative assessment task: this will consist of an assignment which will be marked and returned with feedback – but the mark will not count towards the module total.

Penalties for late submission:

Penalties for late submission on this module are in accordance with the standard University policy.
Penalties for late submission on this module are in accordance with the University policy. Please refer to page 5 of the Postgraduate Guide to Assessment for further information: http://www.reading.ac.uk/internal/exams/student/exa-guidePG.aspx

Length of examination:

Requirements for a pass:
50% overall.

Reassessment arrangements:
See School of Law PGT Programme Handbook.

Additional Costs (specified where applicable):
1) Required text books:
2) Specialist equipment or materials:
3) Specialist clothing, footwear or headgear:
4) Printing and binding:
5) Computers and devices with a particular specification:
6) Travel, accommodation and subsistence:

Last updated: 21 December 2016

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