LLAW3164

General Course Information

1.1 Course details

Course code: LLAW3164
Course name: Arbitration and Conflict of Law in Greater China
Programme offered under: LLB Programme
Semester: Second
Designated research course: No
Specialization: Chinese law
Prerequisites / Co-requisites: No
Course offered to non-law students: No
Credit point value: 6 credits

1.2 Course description

This course will introduce students to the arbitration systems in the Mainland, Hong Kong, Macau and Taiwan, covering their major distinctions in the regulations and practices of arbitration. The course will discuss, as such, main statutes governing arbitrations in the respective jurisdiction, relevant arbitration jurisprudences developed by the courts of each place, and arbitral rules and practices by major arbitration institutions (CIETAC, BAC, SCIA, SHIAC, HKIAC, CAA and WTC MAC) in the region. Cross-border judicial assistance on civil and commercial matters in Greater China will be looked into in the course as well.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Gu Weixia guweixia@hku.hk CCT 908 By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 To understand the salient features of arbitration systems in the four different jurisdictions in Greater China, i.e., Mainland, Hong Kong, Macau, and Taiwan.

CLO 2 To identify and explain the key differences among the four jurisdictions in the region regarding the regulations and practices of arbitration, and develop a comparative understanding of the different legal systems and legal cultures of commercial dispute resolution.

CLO 3 To evaluate and assess the cross-border legal relationship in the Greater China region with special emphasis on arbitration and dispute resolution.

CLO 4 To have good command of regulatory and practical knowledge of arbitration and dispute resolution in the Greater China region, so that after learning this course, students can be equipped to work in the leading arbitration institutions in the region (e.g., CIETAC, BAC, SCIA, SHIAC, CAA and WTC MAC).

CLO 5 To appreciate the dispute resolution service market which is most related to China’s ‘Going Out’ strategy in the Greater China region.

CLO 6 To enhance the students’ research capabilities, including critical thinking skills and legal research writing techniques on arbitration and dispute resolution in the Greater China region.

2.2 LLB Programme Learning Outcomes (PLOs)

Please refer to the following link: https://course.law.hku.hk/llb-plo/

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1
CLO 2
CLO 3
CLO 4
CLO 5
CLO 6

Assessment(s)

3.1 Assessment Summary (Three house open book unseen examination)

Assessment task Due date Weighting Feedback method* Course learning outcomes
Class attendance & participation N/A 10% 1, 2, 3, 4, 5, 6
Oral presentation TBC 40% 1 1, 2, 3, 4, 5, 6
Research paper TBC 50% 1 1, 2, 3, 4, 5, 6
*Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

To be advised by the convenor(s).

3.3 Grading Criteria

Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf

Learning Activities

4.1 Learning Activity Plan

Seminar 3 hours / week for 12 teaching weeks
Private study time: 9.5 hours / week for 12 teaching weeks

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

To be advised by the convenor(s).

Learning Resources

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: TBA
Recommended reading list: TBA

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/