LLAW6157

General Course Information

1.1 Course details

Course code: LLAW6157
Course name: Arbitration Practice, Procedure and Drafting
Programme offered under: LLM Programme
Semester: Second
Prerequisite: Have taken and passed LLAW6138
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 Practice, Procedure & Drafting course is to provide students with sufficient knowledge of and practice in the key procedural features in an arbitration (including preliminary meetings and the hearings, discovery and inspection of documents, interlocutory proceedings, pleadings and submissions, evidentiary issues, decision making and arbitration awards). There is particular focus on developing the students’ ability to dispense independent advice of the arbitration process with confidence. The course also considers the knowledge and practical skills necessary to write a final, reasoned and enforceable arbitration award.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Wesley Pang TBA N/A By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Knowledge and Understanding

  • To give an overview of the dispute resolution processes in both common and civil law jurisdictions, including negotiation, mediation, early neutral evaluation, expert determination, adjudication, dispute boards, arbitration, and court litigation;
  • To introduce the history of arbitration and its development as a private method of dispute resolution;
  • To introduce the background to, and scope of the New York Convention, the UNCITRAL Arbitration Rules and the UNCITRAL Model Law, as well as their key characteristics;
  • To introduce global harmonisation and different statutory approaches to arbitration (including both common and civil law jurisdictions and “soft law”);
  • To set out choices available to parties in dispute resolution and discuss the importance of the seat of the arbitration and arbitration rules, as well as the implications of party autonomy;
  • To introduce the drafting requirements of an arbitration agreement and procedural elements of the arbitration process;
  • To describe the processes and requirements relating to the appointment of an arbitral tribunal, recognise the importance of its independence and impartiality, as well as explain its jurisdiction, powers, duties and procedural choices;
  • To introduce the key procedural features of the arbitration process, including preliminary meetings, discovery and inspection of documents, arbitration hearings, making submissions before an arbitrator or tribunal, making interlocutory applications, and the presentation and reception of evidence, decision making and arbitration awards;
  • To explain the nature of and principles relating to remedies, costs, interest and arbitrator’s entitlement to fees and expenses, as well as to recognise the impact of currency on costs and damages issues;
  • To introduce the essential elements of how to draft a final, reasoned and enforceable arbitration award that is clear, cogent, comprehensive and concise, and to address ambiguities and corrections in an award; and
  • To consider the role of courts before, during and after an arbitration process.

CLO 2 Intellectual and Practical 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;
  • Ability to support oral and written arguments using relevant judicial decisions and statutory provisions;
  • Ability to evaluate submissions and distil relevant issues from them;
  • Ability to evaluate evidence, deduce facts from it; and
  • Ability to decide issues and make rational decisions by applying legal principles to facts.

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 concise manner;
  • Ability to translate technical legal terms into language appropriate for users of arbitration and dispute resolution generally;
  • Ability to act as counsel in an arbitration proceeding and make oral and written submissions and interlocutory applications before an arbitrator or tribunal;
  • Ability to act as an arbitrator and control the arbitration process in a fair and impartial manner, giving the parties balanced opportunity to make submissions and present their cases;
  • Ability to render fair and rational procedural and substantive decisions within an arbitration hearing;
  • Ability to select appropriate rules and procedures and apply them in a reasoned manner;
  • Ability to draft and publish a final, reasoned and enforceable arbitration award; and
  • Ability to intelligently and intelligibly use language that is grammatically correct and correctly spelt.

2.2 LLM Programme Learning Outcomes (PLOs)

Please refer to the following link: 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

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Mid-term written assignment 23 Mar 2022 30% 1 1, 2
Written examination^ 7 May 2022 70% 1 1, 2

^ For purposes of CIArb accreditation, students must achieve a minimum of 55% of the final mark of the written examination alone.

*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

The assessment of this course consists of a take home award writing exercise and a three-hour limited open book written examination. Details will be further advised by the convenor(s) at a later stage.

The take home award writing exercise will contribute 30% of the final mark.

The examination will contribute 70% of the final mark. Students must achieve a minimum overall mark of 55% in the examination alone in order to be eligible for applying for the Member grade of the CIArb.

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

Learning activities of this course will cover the following topics:

  • Overview of dispute resolution processes
  • History of arbitration, international conventions and rules, and global harmonisation
  • Choices available to parties in dispute resolution
  • Arbitration agreement and commencement
  • Arbitral Tribunal: Appointment, independence and impartiality, jurisdiction and powers, and duties and procedural choices
  • Procedures: Pleadings, documents and evidence, applications to the tribunal and hearing
  • Remedies, costs, interest and currency
  • Awards
  • Role of the courts

Learning Resources

5.1 Resources

Reading materials: To be 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/