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International Commercial Arbitration - LAW00081M

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  • Department: The York Law School
  • Module co-ordinator: Dr. Hamid Younesi
  • Credit value: 20 credits
  • Credit level: M
  • Academic year of delivery: 2024-25

Module summary

Arbitration is the dispute resolution method of choice in international transactions. The module will provide an overview and examination of the main topics and aspects of international commercial arbitration. This will equip students with the knowledge of the law and practice of international commercial arbitration. The module covers current issues and developments relating to international commercial arbitration including: arbitral jurisdiction; applicable laws; the status and role of arbitration agreements; the conduct of arbitral proceedings; the arbitral award; challenges, and recognition and enforcement of award.

Module will run

Occurrence Teaching period
A Semester 2 2024-25

Module aims

The module aims to provide students with a deep understanding of international commercial arbitration, its legal principles and practical application. The module will examine the conceptual and practical issues relating to matters such as arbitration agreements, the relevant law, the structure and process of international arbitration, and the recognition and enforcement of arbitral awards.

It is designed to:

  • Provide students with a depth of knowledge and critical understanding of the theoretical basis of international arbitration;
  • Provide students with a detailed understanding of the role and function of arbitrators and arbitral institutions in international arbitration;
  • Help students to apply arbitral principles, laws and rules to different scenarios to solve problems;
  • Provide students with skills to apply the knowledge gained in professional practice.

Module learning outcomes

  • Demonstrate a depth of knowledge and critical understanding of the underlying concepts and principles of international commercial arbitration;
  • Demonstrate knowledge and critical evaluation of the main legal rules and procedures in international commercial arbitration;
  • Analyse, with critical awareness, draft and interpret arbitration clauses/agreements to resolve disputes;
  • Apply underlying concepts and principles of international arbitration in real life scenarios;
  • Demonstrate a critical understanding of the main rules on arbitration procedures under major international arbitral institutions used in practice;
  • Synthesise complex facts and apply legal rules and principles to evaluate and advise on the legal issues in a commercial relationship that might result in disputes when contractual balance of the agreement is disrupted.
  • Demonstrate initiative and originality in applying legal rules and principles by analysing recent developments to advise clients on how to manage disputes;

Module content

1. An introduction to arbitration and alternative dispute resolution (ADR)

2. Arbitration Agreement

3. Arbitration Tribunal

4. Jurisdictional issues, power and duties of arbitrators

5. Arbitration and applicable law

6. The arbitration award

7. Challenge of arbitral awards

8. Enforcement of the award

Assessment

Task Length % of module mark
Essay/coursework
Essay : Written Advice to Client		 N/A 80
Groupwork
Contributions to Learning		 N/A 20

Special assessment rules

None

Additional assessment information

The Case Study is divided into nine parts, each part being dealt with in a separate workshop. For the assessment, candidates will be required to submit written advice to the client on the position following three of the nine Case Study parts. The three Case Study parts which form the basis of the assessment will be specified in the assessment document which will be made available following the end of teaching of the module.

Reassessment

Task Length % of module mark
Essay/coursework
Contributions Reflective Essay		 N/A 20
Essay/coursework
Essay : Written Advice to Client		 N/A 80

Module feedback

Students will receive formative feedback on their written and participation skills during the course of the module in seminars. Individual summative feedback on assessments will be provided.

Indicative reading

G. Born, International Arbitration: Law and Practice (Kluwer, 2nd ed, 2015)

DM Lew, LA Mistelis, SM Kröll, Comparative International Commercial Arbitration (The Hague, Kluwer Law International, 2003)


The information on this page is indicative of the module that is currently on offer. The University is constantly exploring ways to enhance and improve its degree programmes and therefore reserves the right to make variations to the content and method of delivery of modules, and to discontinue modules, if such action is reasonably considered to be necessary by the University. Where appropriate, the University will notify and consult with affected students in advance about any changes that are required in line with the University's policy on the Approval of Modifications to Existing Taught Programmes of Study.