LLAW6157 Arbitration practice, procedure and drafting

1.1 Course details

Course code: LLAW6157
Course name: Arbitration Practice, Procedure and Drafting
Programme offered under: LLM Programme
Semester: Second
Prerequisite: Arbitration Law
Credit point value: 9 credits
Cap on student numbers: 40

1.2 Course description

The aim of the Arbitration Practice, Procedure & Drafting course is to provide students with sufficient knowledge of and practice in the key procedural features in an arbitration(including preliminary meetings and the hearings, discovery and inspection of documents, interlocutory proceedings, pleadings and submissions, evidentiary issues, decision making and arbitration awards). There is particular focus on developing the students’ ability to dispense independent advice about the arbitration process with confidence. The course also considers the knowledge and practical skills necessary to write a final, reasoned and enforceable arbitration award. Students will consider the specific drafting requirements of an arbitration agreement and then consider the important procedural features of the arbitration process, including preliminary meetings, discovery and inspection of documents, arbitration hearings, making submissions before an arbitrator or tribunal, making interlocutory applications, the presentation and reception of evidence, decision making and arbitration awards. Students will also consider the essential elements of drafting a final, reasoned and enforceable arbitration award that is clear, cogent, comprehensive and concise.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Wesley Pang TBA N/A By email

 

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Knowledge and Understanding

  • To introduce the fundamental elements of the practice and procedural elements of the arbitration process set out in detail in the syllabus below;
  • To introduce the drafting requirements of an arbitration agreement;
  • To introduce the key procedural features of the arbitration process, including preliminary meetings, discovery and inspection of documents, arbitration hearings, making submissions before an arbitrator or tribunal, making interlocutory applications, and the presentation and reception of evidence, decision making and arbitration awards; and
  • To introduce the essential elements of how to draft a final, reasoned and enforceable arbitration award that is clear, cogent, comprehensive and concise.

CLO 2 Intellectual and Practical Skills

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

  • Ability to analyze 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;
  • Ability to support oral and written arguments using relevant judicial decisions and statutory provisions;
  • Ability to evaluate submissions and distil relevant issues from them;
  • Ability to evaluate evidence, deduce facts from it; and
  • Ability to decide issues and make rational decisions by applying legal principles to facts.

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 concise manner;
  • Ability to translate technical legal terms into language appropriate for users of arbitration and dispute resolution generally;
  • Ability to act as counsel in an arbitration proceeding and make oral and written submissions and interlocutory applications before an arbitrator or tribunal;
  • Ability to act as an arbitrator and control the arbitration process in a fair and impartial manner, giving the parties balanced opportunity to make submissions and present their cases;
  • Ability to render fair and rational procedural and substantive decisions within an arbitration hearing;
  • Ability to select appropriate rules and procedures and apply them in a reasoned manner;
  • Ability to draft and publish a final, reasoned and enforceable arbitration award; and
  • Ability to intelligently and intelligibly use language that is grammatically correct and correctly spelled.

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  ✓  ✓  ✓

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Take home award writing exercise TBC 30% 1, 2
Take home exam TBC 70% 1 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 the 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

  •  Drafting of an Arbitration Agreement
  •  Accepting Appointment as an Arbitrator
  •  Preliminary Matters
  •  Pleadings and Submissions
  •  Discovery and Inspection of Documents
  •  Interlocutory Proceedings
  •  Challenge to Jurisdiction
  •  Oral Evidence & Expert Evidence
  •  The Hearing
  •  Recoverable Costs and Offers
  •  Decision-making
  •  Arbitration Award Writing

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.