LLAW6138 Arbitration law

1.1 Course details

Course code: LLAW6138 / JDOC6138
Course name: Arbitration Law
Programme offered under: LLM Programme / JD Programme
Semester: First
Prerequisites / Co-requisites: No
Credit point value: 9 credits & 6 credits
Cap on student numbers: 40 [priority to LLM(ADR) students]

1.2 Course description

The aim of the Arbitration Law course is to provide students with sufficient knowledge and understanding of the law of arbitration. The specific educational learning outcomes of this course are as follows:

A. Knowledge and Understanding

-    To introduce the fundamental principles of arbitration law set out in detail in the syllabus below.

-    To introduce the importance of the Hong Kong Arbitration Ordinance when deciding disputes.

-    To introduce the essential elements of a binding arbitration agreement and an enforceable arbitration award.

-    To introduce the important role of reading and analyzing the sources of arbitration law, including both statutes (particularly domestic arbitration statutes such as the Arbitration Ordinance) and judicial decisions (case law).

B. Intellectual and Practical Skills

This course seeks to help students develop the following intellectual skills:

-    Ability to analyse and solve complex factual legal problems by selecting and applying relevant arbitration law principles;

-    Ability to apply rules of law to hypothetical factual situations;

-    Ability to isolate crucial issues in hypothetical factual scenarios; and

-    Ability to support oral and written arguments using relevant judicial decisions and statutory provisions.

This course also seeks to help students develop the following practical skills:

-   Ability to undertake the reading and research of the sources of arbitration law;

-   Ability to express ideas both orally and in writing in a clear and coherent manner; and

-   Ability to translate technical legal terms into language appropriate for users of arbitration and dispute resolution generally.

Students will consider a range of theoretical issues and substantive topics in this course, including:

- General Introduction to Arbitration and ADR

- Agreement to Arbitrate

- Appointment of Arbitrator

- Rights, Duties and Powers of an Arbitrator

- Commencement of Arbitration and Interlocutory Proceedings

- Arbitration Hearings

- Evidence in International Arbitration

- Costs & Interest in Awards

- Appeals

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Olga Boltenko TBA N/A By email
Course convenor John Choong TBA N/A By email
Course convenor Shahla Ali sali@hku.hk CCT 811 By email
Course convenor Chiann Bao TBA N/A By email

 

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Knowledge and Understanding

  • To introduce the fundamental principles of arbitration law set out in detail in the syllabus below.
  • To introduce the importance of the Hong Kong Arbitration Ordinance when deciding disputes.
  • To introduce the essential elements of a binding arbitration agreement and an enforceable arbitration award.
  • To introduce the important role of reading and analyzing the sources of arbitration law, including both statutes (particularly domestic arbitration statutes such as the Arbitration Ordinance) and judicial decisions (case law).

CLO 2 Intellectual and Practical Skills

This course seeks to help students develop the following intellectual skills:

  • Ability to analyse and solve complex factual legal problems by selecting and applying relevant arbitration law principles;
  • Ability to apply rules of law to hypothetical factual situations;
  • Ability to isolate crucial issues in hypothetical factual scenarios; and
  • Ability to support oral and written arguments using relevant judicial decisions and statutory provisions.

CLO 3 This course also seeks to help students develop the following practical skills:

  • Ability to undertake the reading and research of the sources of arbitration law;
  • Ability to express ideas both orally and in writing in a clear and coherent manner; and
  • Ability to translate technical legal terms into language appropriate for users of arbitration and dispute resolution generally.

2.2 LLM Programme Learning Outcomes (PLOs)

PLO A On successful completion of the curriculum, students should be able to demonstrate a solid understanding of the body of legal knowledge and the capacity to conduct research on, critically analyse and evaluate legal principles, at a level required to meet the standards and expectations of the legal profession and the community at large.

PLO B On successful completion of the curriculum, students should be able to apply their legal knowledge and research skills to practical situations or theoretical challenges, and utilise their comparative understanding of the law and its political, social and cultural contexts to provide original and creative insights to legal problems.

PLO C On successful completion of the curriculum, students should be able to apply the knowledge, lawyering skills and legal reasoning to real and novel situations in life, with a view to resolving issues, problems and disputes within the legal parameters.

PLO D On successful completion of the curriculum, students should be able to demonstrate the ability to present effectively legal arguments in the professional context, as well as conveying and explaining the law effectively to lay clients and members of the larger community.

PLO E On successful completion of the curriculum, students should be able to appreciate the underlying moral values of the law and ethics in the profession and the legal system in the broad social, economic, political and cultural contexts: justice, the Rule of Law, and protection of rights and liberties which form the fabrics of a civilised society, and the importance of upholding these values by the legal community.

PLO F On successful completion of the curriculum, students should be able to develop a strong awareness of social issues and conditions, and utilise analytical abilities and rhetorical advocacy to provide leadership for the betterment of the human community.

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  ✓  ✓  ✓

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Take home essay 31 Oct 2020 30% 1, 2, 3
Final take home exam 12 Dec 2020 70% 1, 2, 3
  *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: http://www.law.hku.hk/course/grading-criteria/

 

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 the convenor(s).


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/

By the publication of the course profile online, the Faculty deems the student as having been notified of the course requirements.