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Course description: The course deals in an exhaustive manner with the substantive and
procedural aspects of the law related to international commercial arbitration. The course will
examine and discuss various issues which occur in international arbitral process, ranging from
entering into the arbitration agreement to the enforcement of the award. It will focus on
theoretical foundations of international arbitration, the juridical nature of arbitration, the
agreement to arbitrate, applicable laws, the interplay between national courts and international
arbitral tribunals and finally the various issues related with the award. We shall refer to various
national arbitration statutes, international arbitration treaties and the arbitral rules of leading
international arbitral institutes.
Object: The object of the course is to enable students to develop legal strategy to solve
disputes in the field of international commerce, through the method of arbitration.
Course Detail:
Module I
Module II
Readings-
Module III
Module IV
Applicable Law
Arbitral Tribunals
Appointment of Arbitrators
Different types of tribunals
Composition of Arbitral Tribunals
Challenge and replacement of Arbitrators – Independence v Impartiality v Neutrality v
Actual v Apparent bias, Duties of Disclosure
Loss of right to appoint/ Truncated tribunals
Status of Arbitral Tribunals- judges or creatures of contract
Jurisdiction of Arbitration Tribunal: Competence of arbitral tribunal to rule on its
jurisdiction (Competence-Competence)
Module VI
Preliminary Steps
Written submission
Evidence gathering
Hearings & proceedings after the hearing
How an arbitral tribunal reaches its decision- Deliberation, Majority Voting, The
Bargaining Process, Tribunal Psychology, Separate, Concurring and Dissenting
opinions
Module VII
Module VIII
The Award
Categories of Awards
Validity of Awards
The effect of Awards- Res Judicata
Clarification and review of the Award
Recourse against Arbitral Awards
Recognition and enforcement of arbitral Awards
Prescribed books:
Nigel Blackaby and Constantine Partasides with Alan Redfern and Martin Hunter, Redfern and
Hunter on International Arbitration, 5th ed. Oxford
Reference books:
Julian D.M. Lew et al. Comparative International Commercial Arbitration, Kluwer Law
International.