This module examines the contemporary practice of international commercial dispute resolution focusing on the processes of international arbitration, mediation and negotiation. International commercial arbitration has emerged as the leading method for the resolution of transnational commercial disputes and an important field for commercial lawyers and will form the core of the module. Negotiation and mediation are arguably even more pervasive (if less regulated) forms of dispute resolution and analysis of these will complement the study of arbitration. The approach of the module is comparative, examining approaches to central legal issues in the field by reference to the laws and practices of various jurisdictions around the world and also on the most important legal instruments which have harmonised law and practice in this field such as international conventions, model laws, arbitration rules and, importantly, soft law instruments. Special emphasis will be placed on:
The juridical nature of arbitration;
Sources of law and rules in international commercial arbitration and mediation, especially the UNCITRAL Model Law on International Commercial Arbitration, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the Singapore Mediation Convention;
Arbitration and mediation agreements;
The role and powers of the arbitral tribunal and mediator;
The process of arbitration/mediation and the conduct of arbitral hearings/negotiations/mediations;
The jurisdiction of the courts in relation to arbitration;
The nature of arbitral awards/ settlement agreements;
Issues arising in connection with the enforcement of international arbitral awards/ settlement agreements.
The module will also introduce students to ethical issues prevalent in international commercial dispute resolution. The aim of this module is to educate students about the complexities of the law and procedure of aspects of international commercial dispute resolution outside the framework of national courts. Various case studies from practice will be analyzed in class.
Learning Outcomes
By the end of the module students should be able to:
Demonstrate understanding of the main principles governing international commercial arbitration, negotiation and mediation;
Use research skills to identify and assess appropriate legal sources including domestic and international sources and soft law;
