Courses,
Teaching and Degree Programmes

Extended Information

This option is designed to provide an overview of the law and practice of international arbitration as the main means of settling international commercial disputes. The seminar-based course is taught comparatively with reference to various national laws, the UNCITRAL arbitration rules, the rules of the leading arbitration institutions (including American Arbitration Association, International Chamber of Commerce, London Court of International Arbitration, and International Centre for Settlement of Investment Disputes), and the major international instruments relevant to international arbitration.

The growth of international commercial transactions has been accompanied, over the last four decades, by the increased use of arbitration to settle disputes. Thereby, greatly expanding its scope from the more traditional sectors such as shipping, commodities and insurance. Since 1998 more than 4,500 ADR and arbitration cases were recorded annually in London alone. This course examines the jurisprudential basis and practices of international commercial arbitration, covering both past and current developments. Since its introduction in 1984-85, the course has attracted a wide range of students from civil, common and Islamic law backgrounds from more than 100 jurisdictions across the world. This spread of experience and background has contributed to a lively interchange of contributions from the class to enhance the international and comparative approach to the topic: At the same time the growing globalisation and harmonisation receives due emphasis.

The course particularly focuses on

• institutional, regulatory and conceptual framework of international arbitration, including theories about juridical nature and the "constitutional" position and human rights implications of arbitration
• law and practice relating to arbitration agreements
• jurisdictional bases for the authority of arbitration tribunals
• selection, appointment, challenge and removal of arbitrators
• the relation of arbitration to national courts
• rules and laws governing the arbitration
• rules and laws governing the substance of the dispute
• provisional and protective measures in the context of arbitration
• arbitration procedure
• taking of evidence in the context of arbitral proceedings
• multi-party and multi-contract arbitrations
• form and content of arbitration award
• challenges to arbitration award
• recognition and enforcement of arbitration awards and
• arbitration with state participation

Extended Information

This course examines the general principles of the English conflict of laws as they relate to litigation arising from commercial agreements. It involves a detailed exploration of matters relevant to all commercial transactions, including choice of law, the jurisdiction of the English courts over international contracts and the recognition and enforcement of foreign judgements and awards.

The objectives of the course are to examine the general principles of English conflicts of laws rules as they relate to litigation arising from commercial agreements. The course involves a detailed exploration of matters relevant to all commercial transactions, including choice of law, the jurisdiction of the English courts over international contracts and the recognition and enforcement of foreign judgments and awards. Although this course concentrates on the English conflict of laws, many aspects of commercial conflict of laws have been harmonised in Europe over the last 30 years.

The topic is of importance in international trade and commerce as London is one of the world's leading centres for the settlement of international disputes. The course reviews English case law with comparative comments to the case law of the European Court of Justice.

Extended Information

The course focuses on international construction contracts and infrastructure projects from their inception through the standard international arbitration procedures to final award. Teaching is centred on case studies drawn from actual arbitration disputes.

This course has two main objectives:

• To examine in detail the nature of international construction contracts. These contracts are typical of many complex long-term commercial contracts.
• To look at how disputes from these contracts are resolved, principally by international arbitration, but also by ADR.

International construction contracts are of major importance in international commerce. Disputes arising from these contracts and related transactions account for about 25% of all commercial arbitrations. The course is thus about processes and issues of practical importance.

This course is intended for all who are interested in the practical aspects of international commercial contracts and in dispute resolut

Extended Information

The legal environment for international trade and foreign investment has changed dramatically over the last 10-15 years since the end of the Cold War. As a direct result international trade and investment dispute resolution, in particular through international arbitration and other non-judicial dispute settlement mechanisms, has become increasingly common.

Foreign investors are much more willing to pursue a claim for expropriation or discriminatory behaviour by a host state. Public international law principles must be considered once a state is involved, together with principles of state responsibility, expropriation and acts tantamount to expropriation, what comprises fair and just compensation, immunity from suit and immunity from execution. These public international law principles overlap uncomfortably with the commercial interests of foreign investors.

Developments in investment arbitration and trade dispute resolution have been rapid in recent years. It is now crucial that academics and legal practitioners are aware of the complex international legal elements involved in the resolution of investment and trade disputes.

The aim of this course is for lawyers to be able to identify the various investment dispute resolution options available to a foreign investor and to be familiar with the WTO dispute settlement mechanisms, understanding all major theoretical and practical issues and providing full advice to the client on options available to resolve a dispute. Alternatively if acting or working for a state, students will be able to consider the advantages, risks and perils of entering into a large number of bilateral investment treaties. They will understand when the protections in the treaties may be relevant in light of actions taken by a particular state entity.

Extended Information

When traders sell or buy goods or commodities on the international markets, such transactions are composed not of one but of several contracts: the goods are sold under a contract of sale, transported under a contract of carriage, insured under a policy of insurance and frequently financed through a letter of credit.

The purpose of this course is to examine the regulation of each of these contracts under English law and applicable international law and standards, focusing in particular on the practical problems which arise when the various contracts do not mesh together.

International Trade Law is a core course for all students with an interest in international commercial law and international legal practice. The objective of the course is to make students familiar with the key contracts in international trading transactions. To achieve this aim, the course covers the fundamental characteristics of international contracts for the sale of goods as well as the key ancillary contracts for the financing of trading activities, transportation of goods to their place of destination and insurance of the cargo.

This area of law is both challenging and topical, because it constantly tests fundamental principles of private law against the rapid development of international commercial practice. This raises issues relating to the harmonisation of international trade law and relevant problems of private international law, which are examined in detail during the year.

Emphasis is given to English law and harmonised law, and to universally accepted trade usages and standards making this course attractive for students from all jurisdictions.

Extended Information

The object of the course is to study methods of resolving disputes other than by adjudication in state courts and arbitration. This is a field with a large scholarly literature, contributed from a number of disciplines. It is also an area of growing practical importance. Students will be encouraged to develop a comparative or cross-cultural view of the relevant issues. The course also seeks to achieve a balance between an examination of theory and practical issues.

The main aim is to familiarise students with a wide range of dispute resolution processes alternative to conventional forms of adjudication and their impact on the legal system. The course is not designed to train mediators or negotiators. Instead it will equip participants with basic tools which can assist in representing parties in ADR process, primarily in mediation.

The course takes consistently the following approaches:

• Comparative approach
• Commercially oriented approach
• Interdisciplinary approach and
• Critical thinking approach.

Understanding the critical importance of tangible practical skills in legal education the School of International Arbitration integrates in its teaching drafting of arbitration agreements, terms of reference and arbitration awards. It also encourages student participation in relevant international student moots. We have received generous support from leading law firms in preparing and training students for the competitions.

In the last few years we have trained with increasing success students participating in:

• Willem C Vis International Commercial Arbitration Moot, taking place annually in Vienna and
• International Competition on Online Dispute Resolution - arbitration, mediation and negotiation online.
• Foreign Direct Investment Moot, taking place annually in Frankfurt