Module: Arbitration Law and Practice

Module Specifications..

Current Academic Year 2023 - 2024

Please note that this information is subject to change.

Module Title	Arbitration Law and Practice
Module Code	LG308
School	School of Law & Government
Module Co-ordinator	Semester 1: Brenda Daly Semester 2: Brenda Daly Autumn: Brenda Daly
Module Teachers	Brenda Daly
NFQ level	8	Credit Rating	5
Pre-requisite	None
Co-requisite	None
Compatibles	None
Incompatibles	None

None
Array

Description

By the end of this module, the student will be familiar with the arbitration process and its practical use as an alternative to litigation. The student will also be aware of the difference between negotiation, mediation, conciliation, arbitration and litigation. The student will be able to assess the relative advantages and disadvantages of arbitration when trying to resolve a commercial dispute.

Learning Outcomes

1. Consider the meaning and philosophy of alternative dispute resolution
2. Explain the different types of alternative dispute resolution – arbitration, mediation, conciliation, expert determination, negotiation, litigation
3. Discuss coherently the fundamental rules of arbitration law in Ireland with reference to the relevant legislation and case law
4. Critically analyse the impact of arbitration law on dispute resolution mechanisms and how these operate in practice
5. Assess how arbitration is used in a business, commercial and social context
6. Evaluate problems with reference to case law, legislation and academic literature

*Type*	*Hours*	*Description*
Workload	Full-time hours per semester
Lecture	24	No Description
Independent Study	101	No Description
Total Workload: 125

All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml

Indicative Content and Learning Activities

Existing dispute resolution mechanisms

Comparing and contrasting negotiation, mediation, conciliation and arbitration as a means of resolving disputes. Focus on the distinctive features of arbitration.

Legislative framework – Arbitration Act 1954; Arbitration Act 1980; Arbitration (International Commercial) Act 1998

Arbitration. Defining arbitration. Agreement to refer existing or future disputes to arbitration. Arbitration clauses in standard form contracts.

Role of the Arbitrator. Appointment of arbitrators and umpire. Qualifications of an arbitrator. The rights and duties of the arbitrator. The course of an arbitral reference. Removing an arbitrator.

Awards - Types of awards. Form and content of awards. Enforcement of an award.

The Courts and Arbitration

Role of the High Court. Stay on legal proceedings. Court challenges to the decisions and awards of an arbitrator.

International Arbitration

Arbitration (International Commercial) Act, 1998 and UNCITRAL Model Law on International Commercial Arbitration

The use of ADR in society.

Assessment Breakdown
Continuous Assessment	100%	Examination Weight	0%

Type	Description	% of total	Assessment Date
Course Work Breakdown
Assignment	Essay	50%

Reassessment Requirement Type
Resit arrangements are explained by the following categories; 1 = A resit is available for all components of the module 2 = No resit is available for 100% continuous assessment module 3 = No resit is available for the continuous assessment component
This module is category 1

Indicative Reading List

Stewart, E.: 2003, Arbitration – Commentary and Sources. Dublin: First Law Limited,
Brown, H. & Marriott, A.: 1999, ADR Principles and Practice., Sweet & Maxwell, London,
Forde, M: 1994, Arbitration Law and Procedure., Roundhall Press, Dublin,
Mustill,M,: 1992, The Law and Practice of Commercial Arbitration in England, Butterworths, London,
Bevan, A: 1992, Alternative Dispute Resolution: A lawyer's guide to mediation and other forms of dispute resolution, Sweet & Maxwell, London,
Bradney, A., Cownie, F., Masson, J., Neal, A. & Newell, D.: 2005, How to Study Law. 5th ed. London: Thomson – Sweet & Maxwell.,
Knowles, J. & Thomas, P.: 0, (2006) Effective Legal Research. 1st ed. London: Thomson – Sweet & Maxwell,
Higgins, E. & Tatham, L.: 0, (2006) Successful Legal Writing. 1st ed. London: Thomson – Sweet & Maxwell,

Other Resources

37290, Journal, 0, Arbitration International, available online on Business Source Premier, 37291, Journal, 0, Dispute Resolution Journal, available online on Business Source Premier, 37292, Journal, 0, Pepperdine Dispute Resolution Law Journal, available on Heinonline,

Programme or List of Programmes

BCL	Bachelor of Civil Law (Law & Society)

Date of Last Revision

24-JUL-09

Archives: