LWMTAR-International Commercial Arbitration (CIArb Accredited)

Module Provider: School of Law
Number of credits: 20 [10 ECTS credits]
Level:7
Terms in which taught: Autumn term module
Pre-requisites:
Non-modular pre-requisites:
Co-requisites:
Modules excluded:
Current from: 2023/4

Module Convenor: Dr Jorge Guira
Email: j.m.guira@reading.ac.uk

Type of module:

Summary module description:

Arbitration has been one of the most important dispute resolution processes for several centuries. Though other methods of dispute resolution have evolved in recent years, mediation being an example, arbitration continues to retain its importance in both domestic and international contexts. This module seeks to provide a critical understanding of important aspects of international commercial arbitration. It explores the characteristics of arbitration and discusses its operation in various international fora.

Aims:

The module is designed:

• To afford students the opportunity to acquire critical understanding of important aspects of international commercial arbitration.


• To promote awareness of key structures and policy issues in effective dispute resolution.


• To offer an understanding of, and encourage students to critically reflect upon, the underlying economic and legal concepts determining the choice of dispute resolution methods by commercial parties.

Assessable learning outcomes:

On completion of the module, students will be expected to be able to:

• Demonstrate clear understanding of the legal framework of international commercial arbitration.


• Demonstrate detailed and critical understanding of the theory and practice of arbitration.


• Demonstrate the ability to critically assess the functions and operations of the most commonly used sets of arbitral rules.


• Execute competent and independent research into some aspects of the law relating to international commercial arbitration.

Additional outcomes:

In addition to those listed in the School’s ‘core skills statement’, the module will encourage the development of:

• The ability to comment on the current state of the law and its future directions.


• Skills in oral communication, practical application, team-work and independent learning.


• The ability to complete a piece of extended writing in compliance with applicable conventions of grammar, style, and referencing.

Outline content:

The module consists of the following main themes:

• Introduction to ADR: the legal framework.


• Arbitration Agreement


• Arbitral Tribunal


• Choice of law and Powers of the Tribunal


• The intervention of National Courts


• The Organization of proceedings


• Elements of Award


• Recognition and Enforcement of Award

Brief description of teaching and learning methods:

Module delivery will be through a mix of lectures and a group-work/student participation. Students are expected to prepare for seminars in which there will be a group discussion of seminar questions. One non-assessed essay will also be set.

Contact hours:

Ìý	Autumn	Spring	Summer
Seminars	20
Guided independent study:	180
Ìý	Ìý	Ìý	Ìý
Total hours by term	200
Ìý	Ìý	Ìý	Ìý
Total hours for module	200

Summative Assessment Methods:

Method	Percentage
Written assignment including essay	100

Summative assessment- Examinations:

Summative assessment- Coursework and in-class tests:

One written assessment of 15 pages, formatted in accordance with the School of Law's Assessed Work Rules.

Formative assessment methods:

1 written assessment of 8 pages; formatted in accordance with the School of Law's Assessed Work Rules. The assessment allows you to benefit from feedback but does not contribute to the mark for the module.

Penalties for late submission:

The below information applies to students on taught programmes except those on Postgraduate Flexible programmes. Penalties for late submission, and the associated procedures, which apply to Postgraduate Flexible programmes are specified in the policy 'Penalties for late submission for Postgraduate Flexible programmes', which can be found here: /cqsd/-/media/project/functions/cqsd/documents/cqsd-old-site-documents/penaltiesforlatesubmissionpgflexible.pdf
The Support Centres will apply the following penalties for work submitted late:

• where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of five working days;
• where the piece of work is submitted more than five working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

The University policy statement on penalties for late submission can be found at: /cqsd/-/media/project/functions/cqsd/documents/cqsd-old-site-documents/penaltiesforlatesubmission.pdf
You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.

Assessment requirements for a pass:

50% overall.

Requirement for Accreditation:

55% overall

Reassessment arrangements:
See School of Law PGT Programme Handbook.

Additional Costs (specified where applicable):

1) Required text books:Ìý

2) Specialist equipment or materials:Ìý

3) Specialist clothing, footwear or headgear:Ìý

4) Printing and binding:Ìý

5) Computers and devices with a particular specification:Ìý

6) Travel, accommodation and subsistence:Ìý

Last updated: 30 March 2023