Fundamentals of International Arbitration module (CP52065)

International arbitration is a method of alternative dispute resolution. Merchants and investors often prefer this over court-based litigation

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Credits

20

Module code

CP52065

You will learn about international arbitration's use as an instrument for resolving disputes between commercial enterprises under contractual arrangements.

You will also cover disputes between private investors and host countries under:

  • investment agreements
  • investment laws
  • special treaty regimes governed by international law

The module examines the fundamentals of the modern concept of international arbitration. You will study aspects of arbitration law, evidence, procedure, and remedies under governing law. These are applied to disputes concerning how contractual and investment treaty rights are protected and enforced.

The focus will be on the arbitration of business-to-business and investor-state disputes. This includes:

  • key aspects of the agreement to arbitrate
  • the initiation and organisation of an arbitration
  • the appointment and role of party-appointed arbitrators and the presiding arbitrator
  • jurisdictional issues and defences
  • the role of arbitral institutions
  • provisional relief
  • procedure and proof
  • the role of fact and expert witnesses
  • the conduct of hearings
  • written and oral advocacy
  • the arbitral tribunal's deliberations and award
  • the enforcement and annulment of arbitral awards under different legal regimes

You will use a case study involving a wind energy investment in a fictitious host country. It will feature actionable aspects of interference.

What you will learn

In this module, you will:

  • learn about the fundamentals of international arbitration. This will be based on a case study and practical exercises
  • learn the differences between international commercial arbitration and investor-state arbitration. You will also learn about the ins and outs of these instruments with reference to applicable rules and legal regimes
  • learn how to draft an effective arbitration clause and a request for arbitration
  • learn how to conduct an arbitrator selection interview
  • have an opportunity to present, as a member of a team, a mini oral argument based on a case study before your instructor sitting as sole arbitrator

By the end of this module, you will be able to:

  • understand the fundamentals of international arbitration. You will under this as it is applied to the resolution of commercial and investment disputes
  • draft an error-free arbitration clause and request for arbitration
  • conduct an arbitrator selection interview within ethical bounds
  • apply written and oral advocacy skills in international arbitration

Assignments / assessment

  • drafting an arbitration agreement (25%)
  • critiquing a request for arbitration (25%)
  • conducting an arbitrator interview (25%)
  • oral argument before a sole arbitrator (25%)

This module does not have a final exam.

Teaching methods / timetable

  • introductory lectures
    • These will be delivered over five days during Reading Week in Semester 2
  • four practical exercises
    • These are reflective of key aspects of international arbitration
Day Topic
1 Introduction and Arbitration Regimes
2 Arbitrators and Arbitral Proceedings
3 Arbitral Proceedings
4 Arbitral Proceedings, Awards, and Post-award Remedies
5 Hearing and Tribunal Deliberations

Courses

This module is available on following courses: