The aim of this module is to provide students with a general understanding of international arbitration, including its historical development and its importance in resolving cross-border commercial disputes. The course will primarily focus on UAE law (onshore and offshore) while adopting a comparative approach, particularly with arbitration-friendly jurisdictions such as France, the UK, Switzerland, and the United States. This module may encompass an examination of the following aspects: the legal framework and international instruments related to international arbitration, including the UNICTRAL Model Law, the UNICTRAL Procedural Rules, and the New York Convention, as well as soft law instruments; the various types of arbitration, such as ad-hoc arbitration and institutional arbitration, arbitration in law, and arbitrator ex-aequo et bono; distinguishing procedural issues from substantive issues in the context of international arbitration and the different procedural and substantive rules that may apply; the arbitration agreement, its formation, validity, and legal effects, issues of arbitrability as well as the jurisdictional challenges that may be raised before arbitral tribunals or state courts and how to address them; the constitution of the arbitral tribunal, including the applicable rules related to the selection, appointment, and qualifications of arbitrators, as well as the role and responsibilities of arbitral tribunals in the arbitration process; the procedural steps involved in an arbitration, including pleadings, evidence, hearings, and awards; and the mechanisms and procedures for enforcing and challenging international arbitration awards.
Learning Outcomes
By the end of the module students should be able to:
Demonstrate advanced knowledge and understanding of key areas relating to International Arbitration;
Evaluate the legal and policy issues addressed;
Evaluate and participate in legal arguments in context;
Competently express legal analysis in a succinct and relevant manner
Make intelligent use of standard paper and electronic resources to locate relevant and up-to-date information on the issues covered.
