International Commercial Arbitration: Regulation & Infrastructure

International Commercial Arbitration: Regulation & Infrastructure

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In the last hundred years, international arbitration has emerged as the principal method for the settlement for commercial disputes. It was initially used predominantly in commercial matters, but is now used in a variety of instances and is relevant for a large number of legal areas.

In this course, we examine in detail, and from a variety of angles, how arbitration has evolved to its current important status. We start by defining arbitration, and look at the juridical nature of arbitration.

We will also investigate arbitration agreements and tribunals as the course progresses through the modules.

Module A: Regulation and Infrastructure of Arbitration

LWM42A

  • Delimitation, definition and juridical nature
  • Institutional and regulatory infrastructure
  • Constitution, human rights and arbitration
  • Arbitration and the courts

Module B: Arbitration Agreement

LWM42B

  • Autonomy, types, and applicable law
  • Formal and substantive validity
  • Interpretation of agreements
  • Drafting arbitration clauses

Module C: Arbitration Tribunal

LWM42C

  • Selection and appointment of arbitrators
  • Rights and duties of arbitrators
  • Independence and impartiality of arbitrators
  • Challenge and removal of arbitrators

Module D: Investment Arbitration and Specialist Arbitration

LWM42D

  • Arbitration with states and state-owned entities
  • Arbitration of investment disputes
  • Specialist and mixed arbitration
  • Online dispute resolution

Assessment

Each module will be assessed by a 45-minute unseen written examination.

Sequence

Module A has to be completed first.

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