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This course looks at commercial arbitration from a comparative and international perspective.
Over the last 50 years, arbitration has emerged as the key method for the settlement of commercial disputes involving a foreign element. The course looks at how arbitration has developed and at questions of applicable law and procedures.
A related course is Regulation and Infrastructure of International Commercial Arbitration.
Module A: Applicable law issues in arbitration
LWM03A
- Determination of applicable law
- Applicable substantive law
- Transnational rules, lex mercatoria and trade usages
- Arbitration and EU Laws
Module B: Procedure and evidence in arbitration
LWM03B
- Law governing the arbitration procedure
- Commencement of arbitration; terms of reference / procedural directions
- Procedural issues
- Taking evidence
Module C: Jurisdictional issues in arbitration
LWM03C
- Arbitrability
- Determination of jurisdiction
- Provisional measures
- Multi-party and multi-contract disputes
Module D: Arbitration award – form, content, challenge and enforcement
LWM03D
- Form and content
- Finality and challenges to award
- Recognition and enforcement
Assessment
Each module is assessed by a 45-minute unseen written exam.
Sequence
Students are required to attempt Module A first.