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Syllabus:

International Commercial Arbitration, 15 Credits

Swedish name: International Commercial Arbitration

This syllabus is valid: 2024-01-15 and until further notice

Course code: 2JU169

Credit points: 15

Education level: Second cycle

Main Field of Study and progress level: Law: Second cycle, has only first-cycle course/s as entry requirements

Grading scale: Pass with distinction, Pass, Fail

Responsible department: Department of Law

Revised by: Head of Department of Law, 2022-09-15

Contents

The purpose of the course is to provide in-depth knowledge of international commercial arbitration. Particular emphasis will be put on legal analysis and discussion of issues within central themes of international commercial arbitration. Such themes include the arbitration agreement, the arbitrators, the proceedings, and the award. Each theme will be explored through several tutorials where the student is allowed to develop his or her learning based on own interests.

Expected learning outcomes

At the end of the course the students shall:

exhibit advanced knowledge of central aspects of international commercial arbitration

be able to identify and in writing analyze legal questions regarding the aspects dealt within the themes of the course, and
show ability to present their own findings and be able to discuss their own and the other papers during the tutorials.

Required Knowledge

120 university credits from the Law Programme, or equivalent qualifications, including a minimum grade of "Pass" on a module that includes civil procedure. Proficiency in English equivalent to Swedish upper secondary course English A/6.

Form of instruction

The instruction is in the form of tutorials, consisting of writing shorter papers and presenting and discussing said papers during the tutorials. Before each tutorial the student will write a shorter essay.

During the tutorial the student will first make a short presentation of the paper followed by a discussion where the student will defend the paper and ask questions related to the paper, thereby having the opportunity to repair the argumentation in the paper.

The course is based around 12-15 tutorials (12-15 papers and an equal amount of presentations and discussions during those tutorials).
The language of the course including its literature is English.

A student who has been accepted and registered for the course has the right to teaching and guidance only during the term/academic year when he/she was accepted and registered.

Examination modes

Examination takes place through fulfillment of two parts, partly the compulsory oral part specified in component 1 below, partly based on the compulsory written part as specified in component 2 below.

Component 1
Assessment of the student's ability of oral presentation and ability to discuss the own papers and the papers of others during the tutorials given during the course.  

Component 2
Assessment of the student's ability of written analysis and argumentation. The student chooses five papers that the examinator shall base the examination on.

Grading
A passing grade on the activities under components 1-2 above are required to receive a passing grade for the course as a whole. On the entire course, the grades given are Fail (U), Pass (G) and Pass with Distinction (VG). The grade for the course as a whole is based on the sum of component 1 and 2 and awarded after the completion of all compulsory course elements in component 1 and 2.

The appointed examiner may decide to use other forms of examination if required by particular circumstances. A student who has not passed the course and received the grade "Fail" on the course, due to deficiencies in component 1 or 2 above has the right to do a make-up assignment for these tutorials in order to reach the grade Pass (but not higher grades). The student may still achieve a higher grade than Pass on the course overall, if all requirements for the grade in question are fulfilled.

The mode of this make-up assignment is dependent on the deficiencies in the individual case, i.e., if the deficiencies are in component 1 above, the make-up assignment will be oral, if the deficiencies are in component 2 above, the make-up assignment will be written. The make-up assignment must be completed no later than two months after the student learned of the failed grade.

A student who has passed examination may not be re-examined. A student who has taken two tests for a course or segment of a course, without passing, has the right to have another examiner appointed, unless special reasons exist. A written request for change of examiner is submitted to the Director of Undergraduate Education.

Transfers
Students have the right to apply to have a previous education or experience evaluated for transfer of credits. For more information, see: www.umu.se/utbildning/antagning/tillgodoraknande/

Literature

Valid from: 2024 week 12

Since this is a tutorial course, there is no mandatory course literature. During the course, reference material will be available in digital and physical form. In addition, it is required that the student should independently learn to find relevant materials for the tutorials. If you still feel that you would like to have a general textbook to get an overview over the subject, a couple of suggestions will be available in the welcome letter.