LLAW6238 & JDOC6238
General Course Information
1.1 Course details
|Course code:||LLAW6238 / JDOC6238|
|Course name:||Comparative Arbitration in Asia|
|Programme offered under:||LLM Programme / JD Programme|
|Prerequisites / Co-requisites:||No|
|Credit point value:||9 credit / 6 credits|
1.2 Course description
The course will survey the arbitration laws in common and civil law jurisdictions in Asia, including but not limited to PRC, Hong Kong SAR, South Korea, Singapore, and Malaysia. For the sake of comparison and analysis, reference will be made to the UNCITRAL Model Law and the laws of major arbitration centers around the world. In addition, the course will compare and contrast the various approaches taken by arbitral institutions in these regions (such as HKIAC, SIAC, CIETAC, KCABC, etc.) with respect to procedural and other matters. Again, reference to the UNCITRAL Model Rules and the rules of other major arbitral institutions (such as the ICC and the LCIA) will be useful for comparison and analysis.
Notwithstanding reference to UNCITRAL and other materials, the course will focus on the laws and procedural rules in use in the Asia-Pacific region. . In addition, although the course will take a comparative approach to these laws and rules across common and civil law jurisdictions in the region, the interaction of state law and institutional rules within a particular jurisdiction will also be the subject of analysis and discussion. Finally, cultural and other issues which may impact the practice of arbitration in a given jurisdiction will be explored.
Students will be assigned reading in advance of class, and will be expected to participate in discussions during class.
1.3 Course teachers
|Course convenor||Min Kyung Kim||Minki0821@gmail.com||TBA||By email|
2.1 Course Learning Outcomes (CLOs) for this course
CLO 1Have a fundamental understanding of law and practice in international commercial arbitration in the relevant jurisdictions.
CLO 2Understanding differences in how civil and common law jurisdictions in Asia operate vis a vis international arbitration.
CLO 3 Challenge and examine the different perspectives shown in the respective jurisdictions.
CLO 4 Apply acquired knowledge in private practice or other commercial settings.
2.2 LLM and JD Programme Learning Outcomes (PLOs)
Please refer to the following link:
LLM – https://course.law.hku.hk/llm-plo/
JD – https://course.law.hku.hk/jd-plo/
2.3 Programme Learning Outcomes to be achieved in this course
|PLO A||PLO B||PLO C||PLO D||PLO E||PLO F|
3.1 Assessment Summary
|Assessment task||Due date||Weighting||Feedback method*||Course learning outcomes|
|Class participation||N/A||20%||1, 2, 3|
|Presentation of summary of the research paper||21 & 28 Apr 2023 (students are required to do a 10-15 mins presentation on the summary of the research paper in the last week of teaching, before submitting the research paper)||20%||2, 3|
|Research paper||5 May 2023||60%||1, 2, 3, 4|
|*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
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).
|Reading materials:||Reading materials are posted on Moodle|
|Core reading list:||
|Recommended reading list:||
Additional specific readings will be assigned in the reading lists for each week’s seminar topic
Please refer to the following link: http://www.law.hku.hk/course/learning-resources/