Admissions

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Modules

8 modules (18 credits):

1. Basic concepts of international arbitration

This course would provide an overview of the theoretical framework and features of international arbitration. Aimed at providing students with a comprehensive understanding of the core concepts in this field. The course will cover such key concepts as arbitration agreement, jurisdiction of the tribunal, the arbitration procedures and the recognition and enforcement of awards. The objective of the module is to provide the students with a comprehensive understanding of the core concepts of international commercial arbitration.

2. Enforcement of arbitral awards

The New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards is the single most important legal text in international commercial arbitration as it defines the international currency of international arbitration agreements and arbitral awards. The module will examine the cases on recognition and enforcement of arbitration agreements and arbitral awards under the Convention in various jurisdictions. It will also focus on the jurisprudence emanating from the court decisions on how various jurisdictions interpret the Convention.

3. Preparation and Presentation of case in international arbitration

This course will highlight the importance of evidence and focus on the different approaches in preparing and presenting a case in international arbitrations in various jurisdictions. The module will offer students the opportunity to prepare and present their case both in writing and orally through mock scenarios. Documentary evidence, oral evidence of fact witnesses and expert evidence will be covered.

4. Chinese Arbitration System and Chinese International Arbitration

This course will discuss the trend and problems of developing international commercial arbitration in mainland China, as well as domestic arbitration legislation and related cases. Lectures will be given by practitioners in international commercial arbitration in the region who will share with students the issues arising in their field of practice. Arbitration rules in various arbitration institutions will be covered.

5. Investment arbitrations

Investment arbitration conducted under the UNCITRAL rules or under the auspices of ICSID is increasingly being invoked in relation to disputes involving investor and states. This course will provide an overview of investment law, focusing on thefeatures in Bilateral Investment Treaty and procedures and practice of ICSID.

6. UNCITRAL Model Law and Arbitration Rules

The Model Law was firstly promulgated by UNCITRAL in 1985 updated in 2006, and the new Arbitration Rules in 2010. The course will discuss the most widely adopted principles and rules in international arbitrationand examine cases from various jurisdictions on the instrument.

7. WTO Dispute Resolution

The course provides a basic understanding in WTO law and the practice and procedures of the Appellate Body of the WTO. An overview of WTO dispute resolution procedures will also be presented.

8. International arbitration in Asia

The course will explore the current trends and issues arising from international commercial arbitration in various jurisdictions in Asia. The domestic arbitration legislations adopted in different countries of the region and the relevant cases from each jurisdiction will be covered. The jurisdictions to be covered in Asia include: Mainland China, Taiwan, Hong Kong, Singapore, Korea, Australia and New Zealand.

 

Program Reference Book

1.      New York Convention

2.      UNCITRAL Model Law

3.      UNCITRAL Arbitration Rules

4.      ICC Rules of Arbitration

ICSID Convention Regulations and Rules

5.      Albert Jan's NYC web www.newyorkconvention.org

6.      ICCA's Guide to the interpretation to the New York Convention

7.      Hong Kong Arbitration -100 Questions and Answers published by the Hong Kong International Arbitration Centre

8.      IBA Rules of Evidence

HKIAC Administered Arbitration Rules

9.      CIETAC Rules

Beijing Arbitration Commission Rules

10.    Chinese Arbitration Laws

11.    International Arbitration: Principles and Practice by Gary Born

12.    Law and practice of international commercial arbitration by Redfern and Hunter

13.    Legal Theory of the International Arbitration by Emmanuel Gaillard

Hong Kong Arbitration: A Practical Guide

14.    Arbitration Law and Practice in China; by Tao Jingzhou

15.    Guide to ICSID Arbitration; by Reed, Paulsson and Blackaby