The module examines the contemporary practice of international commercial dispute resolution focusing on the processes of international arbitration, mediation, and negotiation. While International commercial arbitration has been the leading method for the resolution of transnational commercial disputes and is an important field for commercial law, negotiation and mediation are increasingly pervasive (although less regulated) forms of dispute resolution. Analysis of these different approaches will complement the study of arbitration.
The module introduce students to ethical issues prevalent in international commercial dispute resolution, the complexities of the law and procedural aspects of international commercial dispute resolution outside the framework of national courts.
[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. ]
Topics addressed in the module typically may include:
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.
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;
Apply relevant law principles and authorities to solve complex practical problems;
Persuasively communicate an argument in writing in relation to their engagement with the concepts, debates and assessments of the main ideas in the module.
