LLAW6241

General Course Information

1.1 Course details

Course code: LLAW6241
Course name: Arbitration Award Writing
Programme offered under: LLM Programme
Semester: June
Prerequisites: (1) Students or graduates of the HKU LL.M. in Arb & DR programme are required to pass the following compulsory courses:

  • LLAW6135 Alternative Dispute Resolution
  • LLAW6138 Arbitration Law, and must achieve a minimum of 55% in the examination (grade C for admission before academic year 2012-13 or D+ from 2012-13)
  • LLAW6157 Arbitration Practice, Procedure and Drafting, and must achieve a minimum 55% in the examination (grade C for admission before academic year 2012-13 or D+ from 2012-13)

AND

(2) Non-law students or graduates also need to achieve a minimum of 55% in the examination of the following courses:

  • LLAW6160 Legal System and Methods
  • LLAW6158 Contract Law
  • LLAW6159 Evidence
Credit point value: 9 credits
Cap on student numbers: 40

1.2 Course description

This course provides students with the knowledge required to understand and consider evidence, weigh it up and analyse submissions, arrive at a conclusion, and write a final, reasoned and enforceable Arbitration Award in compliance with UNCITRAL Model Law and Arbitration Rules.

This course focuses on the processes followed by an arbitrator in defining the issues that have to be decided by an award, dealing with the submissions made by the parties, analysing the appropriate law, evaluating the evidence, applying the law to that evidence, arriving at a conclusion, and then writing a final, reasoned and enforceable award.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Anna K C Koo, FCIArb akckoo@hku.hk N/A By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Conceptual Knowledge

On successful completion of this course, students will be able to demonstrate sound conceptual knowledge of:

  • recognising and evaluating evidence;
  • the issues arisen from the parties’ submissions;
  • creating structure and dealing with all the issues that arise;
  • deciding matters in dispute logically and in accordance with the law;
  • the skills required to write arbitration awards correctly;
  • the discursive and operative parts of an arbitration award;
  • dealing with the parties’ costs and interest of an arbitration award;
  • allocating an arbitrator’s fees and expenses;
  • compliance with the legal and other requirements for an enforceable arbitration award.

CLO 2 Technical and Practical Knowledge

On successful completion of this course, students will be able to demonstrate sound technical and practical knowledge of:

  • recognising and evaluating evidence;
  • the issues arisen from the parties’ submissions;
  • creating structure and dealing with all the issues that arise;
  • deciding matters in dispute logically and in accordance with the law;
  • the skills required to write arbitration awards correctly;
  • the discursive and operative parts of an arbitration award;
  • dealing with the parties’ costs and interest of an arbitration award;
  • allocating an arbitrator’s fees and expenses;
  • compliance with the legal and other requirements for an enforceable arbitration award.

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
Written examination^ TBC 100% 1, 2 1, 2

^ The written examination requires students to write a reasoned and enforceable arbitration award, final as to the issues it determines. In order to be eligible for applying for the Fellow grade of the CIArb. students must achieve a minimum overall mark of 70% in the LLAW6241 examination.

*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 written examination requires students to write a reasoned and enforceable arbitration award, final as to the issues it determines.

The examination will contribute 100% of the final mark.  Students must achieve a minimum overall mark of 70%, in order to be eligible for applying for the Fellow 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: Seminars in an intensive mode in June 2023
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.

Learning Resources

5.1 Resources

Reading materials: To be posted on Moodle
Core reading list:
  • Blackaby N, Redfern and Hunter on International Arbitration (Constantine Partasides, Alan Redfern and Martin Hunter eds, Sixth edition, Oxford University Press 2015)
  • Born G, International Commercial Arbitration: Commentary and Materials (1955-ed, 2nd ed, Transnational Publishers ; Kluwer Law International 2001)
Recommended reading list:
  • Tackaberry JA, Bernstein’s Handbook of Arbitration and Dispute Resolution Practice (Ronald Bernstein, Arthur L Marriott and Chartered Institute of Arbitrators (Great Britain) eds, 4th ed, Sweet & Maxwell in conjunction with the Chartered Institute of Arbitrators 2003)
  • Sutton DSJ, Russell on Arbitration (Matthew 1816-1891 Gearing ed, 23rd ed / by David St John Sutton, Judith Gill, Matthew Gearing, Sweet & Maxwell 2007)

5.2 Links

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