Registry

Module Specifications

Archived Version 2003 - 2004

Module Title	Arbitration Law and Practice
Module Code	LG308
School	School of Law & Government
Online Module Resources
Module Co-ordinator	Dr Adam McAuley	Office Number	C223
Level	3	Credit Rating	5
Pre-requisite	LG101, LG102
Co-requisite	None

Module Aims

By the end of this module, the student will 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 either route when trying to resolve a commercial dispute. The student will be able to assist either an arbitrator or a party to a dispute referred to arbitration.

Learning Outcomes

Understanding, differentiating and choosing between alternative dispute resolution mechanisms. Identifying the relevance of statutes, case law and arbitration rules to the practical way these affect dispute resolution mechanisms (above). An awareness of the future direction of both national and international arbitration.

Indicative Time Allowances
	Hours
Lectures	24
Tutorials	0
Laboratories	0
Seminars	0
Independent Learning Time	51

Total	75
Placements
Assignments

NOTE

Assume that a 5 credit module load represents approximately 75 hours' work, which includes all teaching, in-course assignments, laboratory work or other specialised training and an estimated private learning time associated with the module.

Indicative Syllabus

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. Arbitration Defining arbitration. Agreement to refer existing or future disputes to arbitration. Arbitration clauses in standard form contracts. 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 Stay on legal proceedings. Court challenges to the decisions and awards of an arbitrator. International Arbitration Arbitration (International Commercial) Act, 1998 and UNICTRAL rules.

Assessment
Continuous Assessment	50%	Examination Weight	50%

Indicative Reading List

Forde, M, (1994) Arbitration Law and Procedure, Roundhall Press. Mustill,M, (1992), The Law and Practice of Commercial Arbitration in England, Butterworths London. Lewes,(1991), International Commercial Arbitration for today and tomorrow, Euroconferences. Bevan, A, Alternative Dispute Resolution : A lawyer's guide to mediation and other forms of dispute resolution, Sweet & Maxwell London.

Programme or List of Programmes

BA in Accounting & Finance

Bachelor of Business Studies

BSI

Business Studies ( with INTRA )

EBF

BA in European Business (French)

EBG

BA in European Business (German)

EBS

BA in European Business (Spanish)

EBT