| CODE | CML5046 | ||||||||||||
| TITLE | Law of Arbitration | ||||||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||||||
| MQF LEVEL | 7 | ||||||||||||
| ECTS CREDITS | 5 | ||||||||||||
| DEPARTMENT | Commercial Law | ||||||||||||
| DESCRIPTION | The study-unit covers current issues and developments relating to international commercial arbitration including: arbitral jurisdiction and arbitrability, applicable procedural and substantive laws; the status and role of arbitration agreements; the conduct of arbitral proceedings and applicable procedural rules; the arbitral award; challenge, recognition and enforcement of award; and investment arbitration. The Arbitration Act (Cap. 387 of the Laws of Malta) and the UNCITRAL Rules as well as the UNCITRAL Model Law will be examined closely. Study-Unit Aims: A primer in International Commercial Arbitration intended to provide a robust doctrinal and practical baseline for future transactional and dispute resolution practitioners. The study-unit aims at: - Ensuring that students develop a thorough knowledge and understanding of the core principles, elements and rules of international commercial and investment arbitration; - Introducing students to some of the main international arbitration rules peculiar to maritime and international trade disputes (especially ICC Rules), and to international investment disputes (especially ICSID Convention, ICSID Arbitration Rules and UNCITRAL Rules); - Ensuring that students develop a thorough knowledge and understanding of the most important instruments forming the legal framework of international commercial and investment arbitration, in particular the Arbitration Act, the UNCITRAL Model Law on International Commercial Arbitration, the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards and the ICSID Convention. Learning Outcomes: 1. Knowledge & Understanding: The study-unit is intended for students who wish to pursue a career in commercial dispute resolution as well as for students who wish to work in transactional commercial work. unit focuses on theoretical, institutional and practical aspects of modern international commercial arbitration. This will involve a close examination of the ad hoc systems and the main institutional structures (e.g., ICC, ICSID, LCIA etc). Upon completion of the study-unit, students will possess sound knowledge of core arbitration doctrines including the doctrine of separability, kompetenz-kompetenz, drafting of arbitration proceedings and arbitration awards and arbitral procedure. Students will also be able to produce legal advice on the selection of the right arbitration procedure in contracts including advising clients on multi-tier dispute resolution clauses, multi-party arbitrations and ad hoc as well as institutional arbitrations. 2. Skills: By the end of the study-unit the student will be able to identify and resolve main issues arising in arbitration theory and practice. Main Text/s and any supplementary readings: Main Texts: Laws/Rules - Arbitration Act (1996), Chapter 387 of the Laws of Malta. - English Arbitration Act (1996). - UNCITRAL Model Law on International Commercial Arbitration (1985) (including 2006 revision). - UNCITRAL Arbitration Rules. - ICC Rules of International Arbitration (1998). - LCIA Rules of International Arbitration. - International Bar Association (IBA) Guidelines on Conflict in International Commercial Arbitration. - New York Convention on Recognition and Enforcement of Arbitral Awards (1958). - European Convention on International Commercial Arbitration (1961). - Washington Convention on the Settlement of Investment Disputes Between States and Nationals of Others States (1965/66). Course Textbooks - Julian D M Lew, Loukas Mistelis Stefan Kröll, Comparative International Commercial Arbitration, (Kluwer Law International, 2003). - Alan Redfern and Martin Hunter The Law and Practice of International Commercial Arbitration (Sweet&Maxwell 3rd Edition, 2004). - Gary Born International Commercial Arbitration (Volumes I-III*) (Kluwer Law International, 2014). - Zachary Douglas The Law of International Investment Claims (CUP, 2009). Supplementary Readings: - Fouchard, Gaillard, Goldman on International Commercial Arbitration (ed. By Emmanuel Gaillard and John Savage), Kluwer Law International 1999. - W. Lawrence Craig, William W Park and Jan Paulsson, Annotated Guide to the 1998 ICC Arbitration Rules with Commentary, (Oceana) 1998. - Journal of International Arbitration (J Int’l Arb) (Werner & Sieber, Switzerland), in English. - RevA: Revue de l’Arbitrage, Comité Française de l’arbitrage, in French. - Arbitration, Chartered Insitute of Arbitrators, London, in English. Additional Sources Students will be given thematic reading lists for each seminar throughout the course. This will include online resources and access to subscription-based materials depending on the topic being discussed in class. |
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| STUDY-UNIT TYPE | Lecture | ||||||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Antoine Cremona (Co-ord.) Tiziana Filletti |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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