Online International Dispute Resolution modules

Compulsory module for the LLM, PGDip and PGCert.

Aim: to introduce the fundamental principles of international commercial arbitration.

Topics include:

• What is Arbitration? Forms of Arbitration; different dispute resolution mechanisms; main arbitral institutions
• Legal framework of arbitration; theories of arbitration
• The Arbitration Agreement  I – formal and substantive validity; separability; kompetenz-kompetenz
• The Arbitration Agreement II – essential characteristics of arbitration clauses; pathological clauses; drafting and effective arbitration clause
• Arbitrability
• Appointment of arbitrators – selection mechanisms, neutrality and independence; conflicts of interest; repeat appointments; ethics
• Arbitral Procedure I – party autonomy vs harmonization; different phases of arbitration; bifurcation; terms of reference; hearing
• Arbitral Procedure II – evidence; discovery; tensions between civil and common law; IBA guidelines
• Arbitration and the courts in general – provisional measures and enforcement.

Compulsory module for the LLM, PGDip and PGCert.

Aim: to establish knowledge and critical understanding of international commercial arbitration as an independent comparative law subject.

Topics include:

• Decision making in arbitration: role of Arbitral Institutions, arbitrators, domestic courts and administrative secretaries
• Legitimacy of the arbitration process:  due process, rule of law and other hallmarks of legitimacy
• Applicable Law Issues I – determination of applicable substantive law
• Applicable Law Issues II – law governing the procedure
• Challenges to arbitrators, including standards of independence and impartiality
• Multi-party arbitration; multi-contract arbitration
• Provisional measures; emergency arbitrators
• Recognition and enforcement of arbitral awards
• Funding of arbitration and costs, including third party funding.

Compulsory module for the LLM and PGDip.

Aim: to develop awareness of the complex international legal elements involved in the resolution of investment and trade disputes.

Topics include:

• Introduction to the subject matter and the course – Regulatory and Institutional Framework
• ISDS – overview and history
• ICSID – jurisdiction: consent; ratione materiae; personae
• ICSID – procedural Issues
• ICSID – award and annulment
• ICSID – enforcement and sovereign immunity
• BIT I – models and key content
• BIT II – key procedural issues

Compulsory module for the LLM and PGDip.

Aim: to develop awareness of the complex international legal elements involved in the resolution of investment and trade disputes.

Topics include:

• An evolution – from BITS to FTAs to mega-regionals
• NAFTA
• CAFTA
• ECT – a sectoral FTA/BIT
• CETA, TPP, TTIP and other endeavours
• Substantive Protection I: expropriation

Compulsory module for the LLM.

Dissertation (15,000 words) – independent research. An advanced, in-depth examination of a particular area of law: the chosen topic should relate to a relevant issue within the academic field.