LAW-40062 - Module Specification
School of Law
Faculty of Humanities and Social Sciences

Programme/Approved Electives for 2023/24

Available as a Free Standing Elective

Co-requisites

None

Prerequisites

None

Barred Combinations

None

Description for 2023/24

International arbitration is the resolution of disputes in a consensual way, outside the national courts, but within quasi-judicial structures. It gives parties a higher degree of autonomy over the proceedings, and in particular the choice of decision-makers, which is why it has figured prominently in the Brexit debate with a view to solving future EU-related disputes.
Commercial and investment treaty arbitration are typically taught separately. In this introductory course, students will be enabled to look at both regimes from a comparative perspective, to combine a private with a public law perspective, and to critically engage with the ongoing public debate about the legitimacy of private dispute settlement in cases involving public interests.

Introducing graduate students (including those with a background in either economics or politics and a strong interest in international relations and law) to the key challenges of international dispute resolution. The focus will be on commercial and investment treaty arbitration (i.e. on arbitration involving at least one non-state party), and the main topics will be the available fora and applicable laws; an introduction into the function of arbitration agreements; as well as procedures under the New York and the ICSID (International Centre for Settlement of Investment Disputes) Convention; and an overview of the enforcement of commercial and ICSID awards.

Intended Learning Outcomes

Explain in detail the key challenges of international arbitration (commercial and investment treaty): 1
Critically appraise the role of arbitration agreements: 1
Recognize the basic rules for determining the applicable law(s): 1
Engage in a critical discussion of the legitimacy debate in international arbitration: 1
Critically analyse and compare the respective procedures of commercial and investment treaty arbitration: 1

Study hours

Contact teaching (seminars) 12x2 = 24 hours
Seminar preparation (reading) 12x6 = 72 hours
Exam and revision (including 48 hour examination period) = 54 hours

School Rules

None

Description of Module Assessment