Registry

Module Specifications

Archived Version 2006 - 2007

Module Title	Arbitration Law and Practice
Module Code	LG308
School	School of Law & Government
Online Module Resources
Module Co-ordinator	Dr. Brenda Daly	Office Number	C228
Level	3	Credit Rating	5
Pre-requisite	None
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 familiar with the arbitration process and its practical use as an alternative to litigation.

Learning Outcomes

To understand the meaning of ADR. To develop an appreciation of the philosophy of alternative dispute resolution. To be aware of the different types of available ADR - arbitration, mediation, conciliation, expert determination, negotiation, litigation. To develop the ability to understand, differentiate and choose between alternative dispute resolution mechanisms. Identifying the relevance of statutes, case law and arbitration rules to the practical way these affect dispute resolution mechanisms and how these operate in practice. 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. 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 UNICTRAL Model Law on International Commercial Arbitration.

Assessment
Continuous Assessment	50%	Examination Weight	50%

Indicative Reading List

Textbooks: Steware, E. (2003) Arbitration - Commentary and Sources. Dublin: First Law Limited. Brown, H. & Marriott, A. (1999) ADR Principles and Practice. London: Sweet & Maxwell. Forde, M. (1992) Arbitration Law & Procedure. Dublin: Roundhall Press. Mustill, M. (1992) The Law and Practice of Commercial Arbitration in England. London: Butterworth. Bevan, A. (1992) Alternative Dispute Resolution: A Lawyers guide to mediation and other forms of dispute resolution. London: Sweet & Maxwell. Journals: Arbitration International - available online on Business Source Premier. Dispute Resolution Journal (formerly known as Arbitration) - available online on Business Source Premier. Pepperdine Dispute Resolution Law Journal - available at Heinonline.

Programme or List of Programmes

BA in Accounting & Finance

Bachelor of Business Studies

BSI

Business Studies ( with INTRA )

BSSA

Study Abroad (DCU Business School)

BSSAO

Study Abroad (DCU Business School)

EBF

BA in European Business (French)

EBG