LLM 7302

International Arbitration

Course ID
LLM 7302
Campus
Muyenga
Level
Postgraduate
Instructor
Gerald Batanda
Credit
4 CU
Method
Lecture, Online, Seminar

International commercial arbitration is an alternative method of resolving disputes between private parties arising out of commercial transactions conducted across national boundaries that allows the parties to avoid litigation in national courts.

Module Overview

The course aims to provide students with a firm grounding in the legal aspects of international commercial and investment arbitration in the oil and gas sector as well as offering practical skills on how to conduct such arbitrations. The course will include a range of topics including an introduction and history of arbitration, applicable laws, procedure and practice, arbitration clauses, and the arbitral tribunal, the jurisdiction of the arbitral tribunal, the conduct of arbitral proceedings, the role of the national courts, the award, and challenges to the award, recognition and enforcement of arbitral award. 

The primary focus will be on international commercial and investment arbitration in practice, combining a substantive legal understanding together with a practitioner’s perspective.

Objectives

  • This course is intended to provide the student with:
  • A strong background and practical understanding of international commercial and investment arbitration in the petroleum industry.
  • A firm understanding of the interrelationship between arbitration, national laws and international treaties; and how to enforce such awards worldwide;
  • An understanding of institutional arbitration, with particular emphasis on ICC, LCIA and ICSID rules;
  • Developed written and oral skills, including the clear and succinct expression of ideas, how to plead and draft submissions in international arbitrations, and an introduction to oral advocacy in international arbitrations.

How you study

Lectures, Group discussions and Tutorials

Course Works – 60%
Written Examination – 40%
Total – 100%

Learning Outcomes

On successful completion of the course, participants would be able to:

1. Demonstrate a firm understanding of the legitimate means of resolving disputes arising from oil and gas commercial relationships.

2. Ability to analytically identify the dispute resolution method best suited to the particular dispute

3. A firm understanding of the methods, institutions involved and characteristics of each process existing in the dispute resolution spectrum of choice.

4. Critically assess the role of the courts with respect to the different methods

5. Conduct research related to arbitration in the oil and gas sector.

×