| Unit name | Transnational Arbitration |
|---|---|
| Unit code | LAWD30128 |
| Credit points | 20 |
| Level of study | H/6 |
| Teaching block(s) |
Teaching Block 1 (weeks 1 - 12) |
| Unit director | Dr. Mark Campbell |
| Open unit status | Not open |
| Units you must take before you take this one (pre-requisite units) |
None |
| Units you must take alongside this one (co-requisite units) |
None |
| Units you may not take alongside this one |
None |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
Why is this unit important?
Arbitration is arguably the most important dispute resolution mechanism for business transactions with an international dimension. It can offer to commercial parties advantages over litigation in national courts. These include the ability to select the arbitrator(s) who will decide the case and procedural flexibility. Another key advantage, reflecting the influence and reach of the New York Convention 1958, is the common framework around the world for the enforcement of arbitration agreements and arbitral awards.
If you have an interest in commercial law, there are two reasons why you should consider this unit. First, it will provide you with an understanding of the legal framework in which international commercial arbitration operates. Second, it offers an insight into the harmonised nature of an important aspect of international commercial law: i.e., the fact that across different jurisdictions arbitration is underpinned by the same legal principles.
How does this unit fit into your programme of study?
This optional unit will provide you with an understanding of an important method of dispute resolution used in the commercial realm. It will be of particular interest to those with an interest in commercial law. The legal subject with which the unit is most closely connected is contract law. Arbitration is a consensual process, and the legal basis of any arbitration is the parties' arbitration agreement. Further, the bulk of disputes referred to arbitration are those which concern contractual agreements between commercial parties.
An overview of content
The unit will explore how arbitration works as a method of dispute resolution for international commercial transactions and will provide an understanding of the legal framework in which it operates. The main topics for consideration during the unit will be as follows.
The key primary legal sources for the unit will be the UNCITRAL Model Law on International Commercial Arbitration and the New York Convention 1958, along with associated case law.
How will students, personally, be different as a result of the unit?
By the end of the unit, you will have developed an understanding of the legal framework for international commercial arbitration, an important area of commercial law practice. Given the harmonised nature of international arbitration law and practice, you will also gain insights into the benefits and challenges of applying legal rules to an aspect of commercial law which operates on a cross-border basis.
Learning Outcomes
On successful completion of the unit, you will be able to:
1. Demonstrate an understanding of the legal framework underpinning international commercial arbitration and the role played by arbitration in resolving commercial disputes.
2. Explain and apply legal rules and principles governing international commercial arbitration.
3. Offer a critical evaluation of legal materials relevant to international commercial arbitration.
The unit is delivered by a blend of different learning activities including seminar classes, lecture sessions and guided independent learning exercises. These activities combine teacher delivery to students with asynchronous activities such as recorded presentations and structured reading exercises.
For each topic, the learning activities provided on the virtual learning environment will enable you to gain a base knowledge of the relevant subject matter and prepare for the seminar class. Lecture sessions and post-seminar reading items will allow you to enhance further your knowledge and understanding of the subject matter. Some of the lecture sessions will allow for consolidation of your learning and/or the development of academic skills.
The various learning activities in combination will enable you to understand and explain aspects of the arbitral process, apply legal rules and principles to problem scenarios and evaluate legal materials relevant to international commercial arbitration.
Tasks which help you learn and prepare you for summative tasks (formative):
Formative assessment comes in many forms, such as informal questioning, seminar discussions, group exercises in lectures and seminars and asynchronous activities on the virtual learning platform. These provide an opportunity for you to assess your learning and do not contribute to the final mark for the unit. There will also be an opportunity to submit a short, written formative exercise (500-600 words) that will not contribute to the final unit mark. In addition to individual feedback on the written exercise, general feedback will also be provided allowing you to gain additional understanding prior to the final assessment.
Tasks which count towards your unit mark (summative):
The unit will be assessed by a single timed assessment (100%, 3,000 words) at the end of Teaching Block 1; you will be required to answer two questions, each with a 1,500-word limit. The timed assessment paper will assess all Intended Learning Outcomes for the unit. The pass mark for the unit is 40%.
When assessment does not go to plan:
When a student fails the unit and is eligible to resubmit the assessment, the unit will be reassessed on a like-for-like basis. The Board of Examiners will consider in the usual way all cases where a student has failed the summative assessment or has otherwise not completed it.
If this unit has a Resource List, you will normally find a link to it in the Blackboard area for the unit. Sometimes there will be a separate link for each weekly topic.
If you are unable to access a list through Blackboard, you can also find it via the Resource Lists homepage. Search for the list by the unit name or code (e.g. LAWD30128).
How much time the unit requires
Each credit equates to 10 hours of total student input. For example a 20 credit unit will take you 200 hours
of study to complete. Your total learning time is made up of contact time, directed learning tasks,
independent learning and assessment activity.
See the University Workload statement relating to this unit for more information.
Assessment
The assessment methods listed in this unit specification are designed to enable students to demonstrate the named learning outcomes (LOs). Where a disability prevents a student from undertaking a specific method of assessment, schools will make reasonable adjustments to support a student to demonstrate the LO by an alternative method or with additional resources.
The Board of Examiners will consider all cases where students have failed or not completed the assessments required for credit.
The Board considers each student's outcomes across all the units which contribute to each year's programme of study. For appropriate assessments, if you have self-certificated your absence, you will normally be required to complete it the next time it runs (for assessments at the end of TB1 and TB2 this is usually in the next re-assessment period).
The Board of Examiners will take into account any exceptional circumstances and operates
within the Regulations and Code of Practice for Taught Programmes.
