CIL214 | International Commercial Arbitration: Comparative Perspectives

The course offers a comprehensive overview of the theory and practice of international commercial arbitration, the most sought-after dispute resolution mechanism for commercial disputes. The course examines the key participants in arbitration and explores the various legal frameworks governing international arbitration from a comparative, multi-jurisdictional perspective.

It begins by comparing arbitration with court litigation and other alternative dispute resolution methods, including a discussion on the advantages and disadvantages of arbitration. The course then guides students through the arbitration process, starting with the arbitration agreement, its validity, and enforceability. A hands-on exercise will help students learn how to draft practical arbitration clauses while identifying common pitfalls. A key aspect of arbitration is the appointment of arbitrators, and the course will explore the neutrality element required of arbitrators, as well as the procedures for their selection and challenge.

Additionally, the course will explore the applicable law governing different aspects of arbitration. The interplay between international conventions, national laws, and institutional rules will be analysed, demonstrating how they provide safeguards and neutrality in arbitration. Real-world examples will help students recognize patterns and variations in legal systems and institutional rules. The role of state courts in supporting and overseeing arbitration, both during and after proceedings, will also be examined. The course will review court procedures such as remission and setting aside arbitral awards, focusing on the UNCITRAL Model Law. Finally, enforcement mechanisms, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, will be discussed, along with issues related to state parties and immunity laws in enforcing arbitral awards.

Finally, the course will introduce students to contemporary challenges in international arbitration, including a) the crossover with investment treaty arbitration, b) the judicialisation and governance paradigms of international arbitration, and c) the sociological dimension of international commercial arbitration.