International Arbitration Law
Alternative Dispute Resolution methods account now for almost 1/3 of the commercial dispute resolution with international element. ADR is actively encouraged by the governments and many states adopted national laws to take account of the fact that arbitration becomes the established and preferred method of resolving commercial disputes many worth multi-million pounds/dollars etc.
Anyone intending to work for blue-chip international companies in legal or other capacity should have a basic grasp of the principles of arbitration, its advantages and disadvantages and relevant regulations.
The module should appeal to commercially minded students who enjoy focusing on international and comparative elements of legal studies.
- Introduction to ADR and international commercial arbitration.
- Nature and forms of arbitration - advantages and disadvantages for various clients.
- Arbitration laws and rules - national and international instruments and conventions. Hierarchy of the instruments, respect for party autonomy v nature of law.
- Substantive and formal validity of the arbitration agreement including drafting and analysing real case clauses.
- Objective and subjective arbitrability with specific focus on illegality, antitrust, securities and fraud.
- Limitation of arbitrator's authority.
- Independence and impartiality of arbitrators with spotlight on England and US.
- Lex arbitri including critique of delocalised arbitration.
- Applicable substantive law and the validity of amiable composition.
- Recognition and Enforcement of awards.