Department: PhD in Business Law
Module Description: The module introduces the student to the law and practice of commercial arbitration, mediation, adjudication and other alternative dispute resolutions. The aim of the module is to develop a critical understanding of the evolving complex practical issues of international commercial arbitration, in the context of both investment relationships between states and foreign investors as well as those between parties to normal commercial contracts, faced by lawyers as counsel to the parties and as arbitrators; and to equip them with the necessary skills on how to handle such issues. Topics to be covered include: Arbitration Agreement, Arbitration Tribunal, Applicable Laws, Procedure and Evidence issues, Arbitration award, enforcement and recourse against awards, mediation, adjudication and other alternative dispute resolution.
The module will be taught comparatively with reference to various international laws, the Arbitration Rules of UNCITRAL, the rules of leading arbitration institutions (e.g. AAA, ICC, LCIA, ICSID) and the major international instruments relevant to international arbitration.