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Postgraduate Laws programme:
Master of Laws (LLM), Postgraduate Diploma and Postgraduate Certificate

Course outline


Applicable laws and procedures in international commercial arbitration
Students wishing to study and be examined in this course are advised to successfully complete 'Regulation and infrastructure of international commercial arbitration' in full before attempting 'Applicable laws and procedures in international commercial arbitration'.
Section A: Applicable law issues in arbitration
· Determination of applicable law
· Applicable substantive law
· Transnational rules, lex mercatoria and trade usages
Section B: Procedure and evidence in arbitration
· Law governing the arbitration procedure
· Commencement of arbitration; terms of reference / procedural directions
· Procedural issues
· Taking evidence
Section C: Jurisdictional issues in arbitration
· Arbitrability
· Determination of jurisdiction
· Provisional measures
· Multi-party and multi-contract disputes
Section D: Arbitration award – form, content, challenge and enforcement
· Form and content
· Finality and challenges to award
· Recognition and enforcement
Sequence:
Section A first.
Textbook:
Julian D.M. Lew, Loukas A. Mistelis and Stefan Kröll, Comparative International Commercial Arbitration (The Hague: Kluwer Law International, 2003), ISBN: 9789041115683