| Unit name | International Commercial Arbitration |
|---|---|
| Unit code | LAWDM1005 |
| Credit points | 30 |
| Level of study | M/7 |
| Teaching block(s) |
Teaching Block 2 (weeks 13 - 24) |
| Unit director | Dr. Mark Campbell |
| Open unit status | Not open |
| Units you must take before you take this one (pre-requisite units) |
None |
| Units you must take alongside this one (co-requisite units) |
None |
| Units you may not take alongside this one |
None |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
Why is this unit important?
Arbitration is arguably the most important dispute resolution mechanism for business transactions with an international dimension. It can offer to commercial parties a number of advantages over litigation in national courts. These include the ability to select the arbitrator(s) who will decide the case and procedural flexibility. Another key advantage, reflecting the influence and reach of the New York Convention 1958, is the common framework around the world for the enforcement of arbitration agreements and arbitral awards.
If you have an interest in commercial law, there are two reasons why you should consider this unit. First, it will provide you with an understanding of the legal framework in which international commercial arbitration operates. Second, it offers an insight into the harmonised nature of an important aspect of international commercial law: i.e., the fact that across different jurisdictions arbitration is underpinned by the same legal principles.
How does this unit fit into your programme of study?
The unit is open to all LLM programmes and will provide you with an understanding of an important method of dispute resolution used in the business world, especially for international transactions. It will be of particular interest to those with an interest in commercial law. Given that arbitration law is a form of procedural law (i.e., it is about the procedures for resolving legal disputes), it will complement the substantive legal subjects (e.g., contract law, company law, insurance law, international sale of goods) that you may be studying as part of your LLM programme.
An overview of content
The unit will explore how arbitration works as a method of dispute resolution for international commercial transactions and will provide an understanding of the legal framework in which it operates. The topics for consideration during the unit will include the following.
The key primary legal sources for the unit will be the UNCITRAL Model Law on International Commercial Arbitration and the New York Convention 1958, along with associated case law.
How will students, personally, be different as a result of the unit?
By the end of the unit, you will have developed an understanding of the legal framework for international commercial arbitration, an important area of commercial law practice. Given the harmonised nature of international arbitration law and practice, you will also gain insights into the benefits and challenges of applying legal rules to an aspect of commercial law which operates on a cross-border basis.
Learning outcomes
On completion of the unit, a successful student will be able to:
The unit is delivered by a blend of different learning activities including seminar classes, lecture sessions and guided independent learning exercises. These activities combine teacher delivery to students with asynchronous activities such as recorded presentations and structured reading exercises.
For each topic, the learning activities provided on the virtual learning environment will enable you to gain a base knowledge of the relevant subject matter and prepare for the seminar class. Lecture sessions and post-seminar reading items will allow you to enhance further your knowledge and understanding of the subject matter. Some of the lecture sessions will allow for consolidation of your learning and/or the development of academic skills.
The various learning activities in combination will enable you to understand and explain aspects of the arbitral process, apply legal rules and principles to problem scenarios and evaluate legal materials relevant to international commercial arbitration.
Tasks which help you learn and prepare you for summative tasks (formative):
Formative assessment comes in many forms, such as informal questioning, seminar discussions, group exercises in lectures and seminars and asynchronous activities on the virtual learning platform. These provide an opportunity for you to assess your learning and do not contribute to the final mark for the unit. There will also be an opportunity to submit a short, written formative exercise (500-600 words) that will not contribute to the final unit mark. In addition to individual feedback on the written exercise, general feedback will also be provided allowing you to gain additional understanding prior to the final assessment.
Tasks which count towards your unit mark (summative):
The unit will be assessed by a single coursework submission (100%, 4,000 words). You will be required to answer 2 questions (i.e., 2 x 2,000 words), one problem question and one essay question. The coursework submission will assess all Intended Learning Outcomes for the unit.
When assessment does not go to plan:
When a student fails the unit and is eligible to resubmit, the unit will be reassessed on a like-for-like basis with new assessment questions.
If this unit has a Resource List, you will normally find a link to it in the Blackboard area for the unit. Sometimes there will be a separate link for each weekly topic.
If you are unable to access a list through Blackboard, you can also find it via the Resource Lists homepage. Search for the list by the unit name or code (e.g. LAWDM1005).
How much time the unit requires
Each credit equates to 10 hours of total student input. For example a 20 credit unit will take you 200 hours
of study to complete. Your total learning time is made up of contact time, directed learning tasks,
independent learning and assessment activity.
See the University Workload statement relating to this unit for more information.
Assessment
The Board of Examiners will consider all cases where students have failed or not completed the assessments required for credit.
The Board considers each student's outcomes across all the units which contribute to each year's programme of study. For appropriate assessments, if you have self-certificated your absence, you will normally be required to complete it the next time it runs (for assessments at the end of TB1 and TB2 this is usually in the next re-assessment period).
The Board of Examiners will take into account any exceptional circumstances and operates
within the Regulations and Code of Practice for Taught Programmes.
