LLAW6138

General Course Information

1.1 Course details

Course code: LLAW6138
Course name: Arbitration Law
Programme offered under: LLM Programme
Semester: First
Prerequisites / Co-requisites: No
Credit point value: 9 credits
Cap on student numbers: 40 [Only offer to LLM(ADR)  students]

1.2 Course description

The aim of the Arbitration Law course is to provide students with sufficient knowledge and understanding of the law of arbitration.

During the course, the students will focus on the dispute resolution process, as set out in more detail in the syllabus, including the following ADR methods:

  • Negotiation;
  • Mediation;
  • Early Neutral Evaluation
  • Expert determination;
  • Adjudication
  • Dispute Boards
  • Arbitration
  • State Court Litigation

Further in the course, the students will learn about the history of arbitration and about the major international arbitration legal instruments (NY Convention, UNCITRAL Arbitration Rules, UNCITRAL Model Law, the Washington Convention, and others). Further, the students will explore the differing statutory approaches to arbitration in the globalized world (common and civil law), the choices available to the parties in dispute resolution, the concepts of arbitration agreements, the arbitral procedure (commencement, tribunal appointment. Evidence, document production, written submissions, hearings, and others).

The students will learn about the duties and obligations of an arbitral tribunal, the notion of independence and impartiality, jurisdiction and powers, costs, and awards.

At the end of the course, the students will learn about the roe of the state courts in arbitration, and about their supervisory powers.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Olga Boltenko boltenko@hku.hk N/A By email
Course convenor Shahla Ali sali@hku.hk CCT 811 By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Knowledge and Understanding

  • To enhance understanding of arbitration as a private consent-based method of resolving disputes
  • To introduce the fundamental principles of arbitration law set out in detail in the syllabus below.
  • To introduce the importance of the Hong Kong Arbitration Ordinance when deciding disputes.
  • To introduce the essential elements of a binding arbitration agreement and an enforceable arbitration award.
  • To introduce the important role of reading and analyzing the sources of arbitration law, including both statutes (particularly domestic arbitration statutes such as the Arbitration Ordinance) and judicial decisions (case law).

CLO 2 Intellectual and Practice Skills

This course seeks to help students develop the following intellectual skills:

  • Ability to analyse and solve complex factual legal problems by selecting and applying relevant arbitration law principles;
  • Ability to apply rules of law to hypothetical factual situations;
  • Ability to isolate crucial issues in hypothetical factual scenarios; and
  • Ability to support oral and written arguments using relevant judicial decisions and statutory provisions.

This course also seeks to help students develop the following practical skills:

  • Ability to undertake the reading and research of the sources of arbitration law;
  • Ability to express ideas both orally and in writing in a clear and coherent manner; and
  • Ability to translate technical legal terms into language appropriate for users of arbitration and dispute resolution generally.

2.2 LLM and JD Programme Learning Outcomes (PLOs)

Please refer to the following link:

LLM – https://course.law.hku.hk/llm-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

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Take home essay 31 Oct 2022 30% 1, 2 1, 2
Final in-hall exam TBC 70% 1, 2 1, 2
*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: To be posted on Moodle
Core reading list: TBA
Recommended reading list: To be posted on Moodle

5.2 Links

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