| CODE | MCT5011 | ||||||
| TITLE | The Law of Arbitration | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | Not Applicable | ||||||
| ECTS CREDITS | 5 | ||||||
| DEPARTMENT | Media, Communications & Technology Law | ||||||
| DESCRIPTION | The study-unit arbitration consists of a detailed review of the Arbitration Act, 1996 and regulations issued thereunder in relation to domestic and international arbitration, including filing an arbitration, choice of arbitrators, the procedures, the award, appeals and recourse and registration of awards. The Model law on international arbitration and the Geneva and New York Conventions will also be reviewed. The role of the Malta Arbitration Centre and the practical issues which arise in the process of arbitration will be analyzed in the light of the historical developments in the area of law which have taken place. Study-unit Aims: The study-unit aims to discuss Arbitration and other forms of dispute resolution; arbitration agreement and arbitrability; commencement of arbitration and arbitral procedure, appointment and arbitrators; d/etermination of jurisdiction and court proceedings; independence and impartiality of arbitrators; multiparty arbitration arbitral awards: Challenge and appeals from domestic awards; international commercial arbitration; the laws governing international commercial arbitration; recognition and enforcement of arbitral awards; and specialist arbitration/Arbitration and EU Law. Learning Outcomes: 1. Knowledge & Understanding By the end of the study-unit the student will be able to: (a) acquire a sound understanding of how domestic and international arbitration proceedings work and to select the most effective dispute resolution mechanisms in commercial disputes; (b) become familiar with the basic concepts of domestic and international commercial arbitration; (c) enable students to get a firm understanding of the legal nature of arbitration, the mechanics of domestic and international arbitration proceedings, the application of international instruments for the recognition and enforcement of arbitration awards, the complex interplay between state courts and arbitration tribunal and the relationship between international arbitral practice and the EU acquis on judicial cooperation in civil and commercial matters. 2. Skills By the end of the study-unit the student will be able to: (a) pursue a career as corporate lawyers or consultants in specialised areas of law as banking and financial services, labour or shipping to name just a few areas; (b) draft effective and enforceable arbitration clauses; (c) choose between various seats of arbitration and international arbitration institutions; (d) tailor arbitration clauses to individual contracts; (e) establish what is arbitrable in terms of mandatory rules of law and principles of public policy. Main Text/s and any supplementary readings: Main Texts: Laws/Rules: - Arbitration Act (1996), Chapter 387 of the Laws of Malta. - UNCITRAL Model Law on International Commercial Arbitration (1985). - 1958 UN Convention on Recognition and Enforcement of Foreign Arbitral Award (New York Convention). - Arbitration Rules (LN 421 of 2004 as subsequently amended). - English Arbitration Act (1996). - UNCITRAL Arbitration Rules (1976). - LCIA Rules of International Arbitration (1998). - ICC Rules of International Arbitration (1998). - International Bar Association (IBA) Rules of Ethics for International Arbitrators. - European Convention on International Commercial Arbitration (1961). - Washington Convention on the Settlement of Investment Disputes Between States and Nationals of Others States (1965/66). Supplementary Readings: Books/Treatises/Journals: Domestic Arbitration: - Max Ganado, Introduction to Maltese Domestic Arbitration Law (June 2002). - Max Ganado, The Malta Arbitration Act (Handbook) – Publication by the Malta Arbitration Centre. - Patricia Mallia, A Review of the Malta Arbitration Act 1996 (LL.D. Thesis 1999). - Fiona Farrugia, The Arbitration Amendment Act of 1999: A commentary [LL.D. Thesis (2002)]. - Ian Castaldi Paris, The Development of Maltese Arbitration Law, 1850 to 2003 [LL.D. Thesis (2003)]. - Angele Debono, Part V of Act II of 1996 – International Commercial Arbitration in Malta [LL.D. Thesis (2003)]. - Guidelines for Arbitrators – Publication by the Malta Arbitration Centre. - Newsletter of the Malta Arbitration Centre. International Arbitration: - Fouchard, Gaillard, Goldman on International Commercial Arbitration (ed. By Emmaule Gaillard and John Savage), Kluwer Law International 1999. - Julian D M Lew, Loukas Mistelis Stefan Kröll, Comparative International Commercial Arbitration, (Kluwer Law International), June 2003. - W. Lawrence Craig, William W Park and Jan Paulsson, Annotated Guide to the 1998 ICC Arbitration Rules with Commentary, (Oceana) 1998. - W. Lawrence Craig, William W Park and Jan Paulsson, International Chamber of Commerce Arbitration, (Oceana) 2001. - Alan Redfern and Martin Hunter The Law and Practice of International Commercial Arbitration (Sweet&Maxwell 4th Revised Student Edition) 2004. - 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. |
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| STUDY-UNIT TYPE | Lecture | ||||||
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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 2025/6. It may be subject to change in subsequent years. |
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