Registry

Module Specifications

Archived Version 2010 - 2011

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 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

Upon successful completion of this module the student will be able to:

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 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.

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 UNCITRAL Model Law on International Commercial Arbitration

Assessment
Continuous Assessment	50%	Examination Weight	50%

Indicative Reading List

Textbooks:

Stewart, E. (2003) Arbitration – Commentary and Sources. Dublin : First Law Limited

Brown, H. & Marriott, A. (1999) ADR Principles and Practice. London : Sweet & Maxwell

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