LWMTAR: International Commercial Arbitration (CIArb Accredited)

Module code: LWMTAR

Module provider: School of Law

Credits: 20

Level: Postgraduate Masters

When you'll be taught: Semester 1

Module convenor: Dr Bolanle Adebola, email: b.adebola@reading.ac.uk

Module co-convenor: Dr Jorge Guira, email: j.m.guira@reading.ac.uk

Pre-requisite module(s):

Co-requisite module(s):

Pre-requisite or Co-requisite module(s):

Module(s) excluded:

Placement information: NA

Academic year: 2024/5

Available to visiting students: Yes

Talis reading list: No

Last updated: 21 May 2024

Overview

Module aims and purpose

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. 

The module is accredited by the Chartered Institute of Arbitrators CIArb. As a result, any student that achieves 55% and above may, upon fulfilment of the process required by the Chartered Institute of Arbitrators, become an associate member of the institute.  

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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. 

Module learning outcomes

By the end of the module, it is expected that students will be able to: 

1. Demonstrate clear understanding of the legal framework of international commercial arbitration. 
2. Demonstrate ability to grasp detailed and critical understanding of the theory and practice of arbitration.  
3. Demonstrate the ability to Ccritically assess the functions and operations of the most commonly used sets of arbitral rules. 
4. Develop Execute competent and independent research into some aspects of the law relating to international commercial arbitration. 

Module 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 

Structure

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. 

Study hours

At least 22 hours of scheduled teaching and learning activities will be delivered in person, with the remaining hours for scheduled and self-scheduled teaching and learning activities delivered either in person or online. You will receive further details about how these hours will be delivered before the start of the module.

Please note the independent study hours above are notional numbers of hours; each student will approach studying in different ways. We would advise you to reflect on your learning and the number of hours you are allocating to these tasks.

Semester 1 The hours in this column may include hours during the Christmas holiday period.

Semester 2 The hours in this column may include hours during the Easter holiday period.

Summer The hours in this column will take place during the summer holidays and may be at the start and/or end of the module.

Assessment

Requirements for a pass

Students need to achieve an overall module mark of 50% to pass this module.

For accreditation, students need to achieve an overall module mark of 55%.

Summative assessment

Penalties for late submission of summative assessment

The Support Centres will apply the following penalties for work submitted late:

Assessments with numerical marks

• 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 three working days;
• the mark awarded due to the imposition of the penalty shall not fall below the threshold pass mark, namely 40% in the case of modules at Levels 4-6 (i.e. undergraduate modules for Parts 1-3) and 50% in the case of Level 7 modules offered as part of an Integrated Masters or taught postgraduate degree programme;
• where the piece of work is awarded a mark below the threshold pass mark prior to any penalty being imposed, and is submitted up to three working days after the original deadline (or any formally agreed extension to the deadline), no penalty shall be imposed;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

Assessments marked Pass/Fail

• where the piece of work is submitted within three working days of the deadline (or any formally agreed extension of the deadline): no penalty will be applied;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension of the deadline): a grade of Fail will be awarded.

The University policy statement on penalties for late submission can be found at: /cqsd/-/media/project/functions/cqsd/documents/qap/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.

Formative assessment

Formative assessment is any task or activity which creates feedback (or feedforward) for you about your learning, but which does not contribute towards your overall module mark.

There will be workshops with short case studies that assist the students in applying their knowledge and improving their learning. 

Reassessment

Additional costs