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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.