General Course Information
1.1 Course details
| Course code: | LLAW6328 / JDOC6328 |
| Course name: | Maritime 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
In terms of numbers of cases, maritime arbitrations are predominant. In 2023, while 890 arbitrations were referred to ICC proceedings, 663 to the SIAC; 281 to the HKIAC; 377 to the LCIA, 175 to the SCC, the London Maritime Arbitrators’ Association (“LMAA”) (which receives the most maritime arbitration cases) self-reported an estimated 1,845 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 lawyer. 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 | cct2146@columbia.edu | N/A | By email |
1.4 Course Outline (for elective course)
| Please click on the link here for the course outline (HKU Portal login required). |
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 simulated arbitration (which students may participate in subject to class size) – 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 |
| Simulated maritime arbitration and/or (depending on numbers of students enrolled) short presentation on an assigned topic) (each student must participate) | 30% | 1, 5 | 2, 5 |
| Term paper (max 3,500 words) | 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). See also Course Outline above.
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: | 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/