LLAW6328 & JDOC6328

General Course Information

1.1 Course details

Course code: LLAW6328 / JDOC6328
Course name: Maritime Arbitration Law
Programme offered under: LLM Programme / JD Programme
Semester: First
Prerequisites / Co-requisites: No
Credit point value: 9 credits / 6 credits

1.2 Course description

In terms of numbers of cases, maritime arbitrations are predominant. In 2025, while 894 arbitrations were registered with the  ICC, 806 foreign related cases with CIETAC; 886 with the SIAC; 388 with the HKIAC; 362 with the LCIA (2024 figure), 213 with  the SCC, the London Maritime Arbitrators’ Association (“LMAA”) (which receives the most maritime arbitration cases) self-reported an estimated 2,015 references (which likely is an underestimate). Moreover, the number of international maritime arbitrations is expected to continue to increase.

This practical and theoretical course is taught by a practicing arbitrator and mediator. It is designed to give law students (including those with no prior knowledge of maritime law) a good grasp of maritime arbitration and the legal roles available in the sector (including with law firms, in the insurance industry and with shipping companies).

While maritime arbitration has some unique characteristics, it rests upon the same framework (of conventions, laws and rules) as all other kinds of commercial arbitration. If anything, maritime arbitration is more complex as a result of its inherently international nature – ships sail across jurisdictions. Furthermore, there is a considerable body of black letter contract law (notably including arbitration case law) which results from maritime arbitrations. As such, the study of maritime arbitration is a useful enterprise regardless of whether a career in maritime arbitration is eventually pursued.

This course combines solid teaching of theory with practical application.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Caroline Thomas caroline.thomas@arbitratio-concilium.com N/A By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Describe and explain how maritime arbitration evolved, why it is often conducted by way of ad hoc rather than institutional arbitration, the most commonly used seats and rules, the role of arbitrators, arbitrator codes of conduct/ ethics and standard arbitration clauses e.g. in BIMCO contracts;

CLO 2 Demonstrate an awareness of why and how some maritime arbitrations can be secured (e.g. through ship/bunker arrest or attachment or under the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and the Hong Kong Special Administrative Region (the “2019 Arrangement”) or assisted by the courts;

CLO 3 Apply their knowledge and understanding of maritime arbitration to resolve a maritime dispute by way of a seminar style exercise in the final class – starting with the arbitration clause first being agreed through to an enforced arbitration award.

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
CLO 1
CLO 2
CLO 3

Assessment(s)

3.1 Assessment Summary

Assessment task Weighting Feedback method* Course learning outcomes
Class participation 20% 1, 5 2, 5
Short presentation on an assigned topic) (each student must participate, students may be divided into groups depending on class size) 30% 1, 5 2, 5
3-hour essay style exam (choice of topics from a list) 50% 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 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 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 course convenor(s).

Learning Resources

5.1 Resources

Reading materials: Please see the syllabus
Core reading list: Please see the syllabus
Recommended reading list: Please see the syllabus

5.2 Links

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