Unit name | Transnational Arbitration |
---|---|
Unit code | LAWD30128 |
Credit points | 20 |
Level of study | H/6 |
Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
Unit director | Professor. Hill |
Open unit status | Not open |
Pre-requisites | |
Co-requisites |
None |
School/department | University of Bristol Law School |
Faculty | Faculty of Social Sciences and Law |
Arbitration has become the dispute resolution method of choice in international business; transnational contracts frequently include a clause referring any disputes which may arise between the parties to arbitration. This unit aims to explain how arbitration works as a method of dispute resolution and to explore the legal framework in which international commercial arbitration operates. This framework comprises four main components: first, the law governing the arbitration agreement (which determines the agreement's validity and scope); secondly; the rules which govern procedural aspects of an arbitration (such as the constitution of the tribunal, the tribunal's powers and the powers that may be exercised by a national court in relation to an arbitration); thirdly, the law (or other considerations) by reference to which the tribunal determines the parties' dispute; and fourthly, the law governing enforcement of an arbitral award through the courts (whether in the country of origin or in another country).
Aims:
By the end of this unit a successful student will be able to:
Two-hour seminars (ten); one-hour lectures (ten)
The first formative assessment for this unit is mandatory; the second formative assessment is optional.
The assessments will assess all of the intended learning outcomes for this unit.
Born, International Arbitration: Law and Practice (2012) Redfern & Hunter, Law and Practice of International Commercial Arbitration (5th edn, 2009) Moses, The Principles and Practice of International Commercial Arbitration (6th edn, 2015) Lew, Mistelis & Kroll, Comparative International Commercial Arbitration (2003) Born, International Arbitration: Cases and Materials (2011)