LLAW6230 & JDOC6230

GENERAL COURSE INFORMATION

1.1 Course details

Course code: LLAW6230 / JDOC6230
Course name: Law and Practice of Investment Treaty Arbitration
Programme offered under: LLM Programme / JD Programme
Semester: First
Prerequisites / Co-requisites: No
Credit point value: 9 credits / 6 credits

1.2 Course description

This course has three distinctive features.  First, it examines the development of international investment treaty arbitration as a mode of transnational governance.  Second, it compares international commercial arbitration (ICA) and international investment arbitration (ISA), including with respect to the evolution of arbitral procedure, precedent, and lawmaking.  Third, it surveys a variety of explanations for why the arbitral order has evolved as it has – into a more autonomous, “judicial-like” legal order – focusing on the activities of arbitrators, the role of state regulatory competition, and the reasoning of tribunals in their awards.  The course is not an introduction to arbitration.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Alec Stone Sweet asweet@hku.hk CCT 903 By email

LEARNING OUTCOMES

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Achieve familiarity with the main approaches to ISA, as they relate to the institutional evolution of the arbitral system.

CLO 2 Consider and evaluate the factors that have driven the “judicialization” of arbitration from a relatively simple system of “dispute resolution,” into a more court-like system.

CLO 3 Develop capacity to analyze arbitral awards, in particular, to identify the key parts of important awards in which tribunals develop new interpretations of law.

CLO 4 Reflect upon the main debates among scholars, arbitrators, judges concerning international arbitration’s political legitimacy, and develop their own views.

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
CLO 3
CLO 4

ASSESSMENT(S)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Two response papers TBA 30% 1, 2, 3, 4, 5
Take home exam 18 Dec 2021 70% 1, 2, 3, 4, 5
*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 course convenor(s).

3.3 Grading Criteria

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

LEARNING ACTIVITES

4.1 Learning Activity Plan

Seminar: 3 hours / week for 11 teaching weeks
Private study time: 9.5 hours / week for 11 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 course 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/