International Arbitration Advanced

Module 1 — Advanced Foundations of International Arbitration

Students examine the legal foundations of international arbitration, including arbitration agreements, applicable institutional and ad hoc frameworks, party autonomy and the relationship between arbitration and national courts.

Module 2 — Jurisdiction and Arbitrability

Students analyse arbitral jurisdiction, competence-competence, separability of arbitration agreements, questions of arbitrability and challenges to the authority of an arbitral tribunal.

Module 3 — Arbitral Procedure and Evidence

Students examine procedural management, pleadings, hearings, disclosure, documentary and witness evidence, expert evidence and the tribunal's responsibility to conduct proceedings fairly and efficiently.

Module 4 — Interim Measures and Tribunal Powers

Students analyse interim and conservatory measures, security for costs, preservation of evidence and assets, and the circumstances in which arbitral tribunals or courts may provide provisional relief.

Module 5 — Arbitral Awards and Remedies

Students examine the form and legal effect of arbitral awards, allocation of costs, available remedies, correction and interpretation of awards and the limits of tribunal authority.

Module 6 — Recognition, Enforcement and Annulment

Students examine recognition and enforcement of international arbitral awards, grounds for refusal, public policy considerations and procedures for challenging or setting aside awards.

Knowledge Test

1. What is the principle of competence-competence concerned with?

The authority of an arbitral tribunal to determine questions concerning its own jurisdiction The automatic enforcement of every arbitral award The power of a tribunal to ignore the arbitration agreement The requirement that every arbitration be conducted by a national court

2. What is the principle of separability of an arbitration agreement?

The arbitration clause may be treated as legally distinct from the underlying contract for jurisdictional purposes The entire contract automatically becomes invalid when arbitration is challenged Arbitration agreements cannot be enforced The tribunal must always apply domestic court procedure

3. What is one purpose of an interim measure in arbitration?

To preserve rights, assets or evidence while the arbitration is pending To permanently replace the final award To prevent the tribunal from hearing the dispute To eliminate the arbitration agreement

4. What is recognition and enforcement of an arbitral award concerned with?

Giving legal effect to an arbitral award in the jurisdiction where enforcement is sought, subject to applicable grounds for refusal Automatically reopening the entire arbitration Replacing the arbitral tribunal with a legislature Preventing any court from examining enforcement requirements

5. Which is commonly recognised as a possible ground for refusing enforcement of an arbitral award?

A legally recognised public-policy ground under the applicable enforcement framework The fact that the losing party dislikes the result The fact that arbitration was chosen by agreement The existence of an international contract