SCHOOL OF LAW Year 2013/14 Term 2

LAW 406
Instructor:

International Commercial Arbitration

Andrew White Associate Professor of Law 6828 0521 andrewwhite@smu.edu.sg LKC School of Business Bldg Room 4006

Tel: Email: Office:

COURSE DESCRIPTION Arbitration is fast becoming the norm in dispute resolution, globally so much so that it has been suggested that the term ADR (Alternative Dispute Resolution) may one day soon refer not to arbitration and mediation but, rather, to conventional litigation. For Singapore, the increasing globalization of the Region, the complexity of commercial cases and regional legal systems, and an unparalleled reputation for strong rule of law and legal infrastructure, directly translates into a rapid growth in arbitration practice here: reportedly, in just the first five months of 2012, for example, SIAC (the Singapore International Arbitration Centre) handled 118 new cases, with a value of nearly SGD$2bn in fact, far more than the entire year 2011. This course is an introduction to international (not solely Singapore) commercial arbitration, with emphasis on precedent from multiple jurisdictions, including the US, UK, Europe and, to a lesser extent due to less historical development, Asia. The course is structured around an initial overview of the basic history and concepts of arbitration, and then exploring the various parts the agreements, the arbitral institutions, the arbitrators, the processes and procedures, the awards, and enforcement of the awards in court that combine into a dynamic and often very fast-paced practice area. In addition to readings and class discussions, there may be limited presentations from practitioners directly involved in the field of international commercial arbitration.

PRE-REQUISITE/ CO-REQUISITE/ MUTUALLY EXCLUSIVE COURSE(S) There are no pre-requisites/co-requisites/mutually exclusive courses involved with this course other than intellectual honesty, a willingness to think creatively, and especially a willingness to engage with the course material, the teacher, and other students in lively discussions.

TEXT AND READINGS

The textbook is Varady, Barcelo, and von Mehren, International Commercial Arbitration: A Transnational Perspective (Fifth Edition, 2012), available through BookLink and also provided in course reserve in the Li Ka Shing Library. There will also be a few additional materials assigned throughout the Term, some to be distributed and most to be found on the Internet.
ASSESSMENT METHOD Individual Class Participation: Group Class Presentation on Assigned Topic: Open-book Midterm Exam (Class Week 7, 90-minutes) Open-book Final Examination: 10% 25% 15% 50%

[Note: Students will be allowed to form their own groups.]

COURSE METHODS

The course will be taught through active class discussions of assigned reading materials, supplemented with limited guest lectures from practitioners. The reading materials should require approximately 2-3 hours per week to read and understand at a basic level in preparation for the class. NOTE: Group projects and presentations will be case-study method, based on hypothetical cases to be assigned during the week preceding each groups presentation. The hypothetical cases will be based, for most classes, on the topics assigned in the readings for the class, with some additional research to be undertaken by the group. As such, the class discussions also will not be a regurgitation of what the students have read, either by the lecturer or the students; class time will be spent synthesizing the material into a better understanding of international commercial arbitration, drawing in part from the group presentations. The ultimate goal of this subject is to provide a dynamic learning experience in a field that is growing rapidly in Singapore and throughout the Region.
CLASS SCHEDULE

Week Topic No.

1 What is ADR and how does arbitration differ from other forms of ADR; an introduction to arbitration, history and approaches, and frameworks The arbitration agreement, generally; kompetenzkompetenz, arbitrability, separability, and waiver

Readings (in textbook)

pp 23-47; 59-66; 70-93

pp 99-117; 122-143; 146-161

The arbitration agreement: form/formalities and scope

pp 161-212

The arbitration agreement: split/allocation by agreement; change in circumstances; limits and definitions of arbitrability The arbitrators: appointment, qualifications, neutrality, independence,

pp 237-246; 249-303

pp 304-357

The arbitrators: rights and responsibilities, appointment

pp 375-414; 429-439; 469-482

The arbitrators: challenge to appointment 7

(MidTerm Assessment: second half of class)

pp 483-531

Arbitration process and procedures, various issues arising

pp 532-619; 624-636

10

Arbitration process: confidentiality, privacy, and choice of laws

pp 644-676; 681-737

11

The arbitral award

pp 737-777

12

After the award: what next?

pp 778-823

13

Challenging the award

pp 845-893; 911-936

14

Scheduled appointments w Prof for exam preparation

Academic Integrity and Plagiarism Academic integrity is about honesty put simply it means no cheating. All members of the University community are responsible for upholding academic integrity, which means staff and students are expected to behave honestly, fairly and with respect for others at all times. All acts of academic dishonesty (including, but not limited to, plagiarism, cheating, fabrication, facilitation of acts of academic dishonesty by others, unauthorized possession of exam questions, or tampering with the academic work of other students) are serious offences.

All work presented in class must be the students own work. Any student caught violating this policy may result in the student receiving zero marks for the component assessment or a fail grade for the course. This policy applies to all works (whether oral or written) submitted for purposes of assessment. Where in doubt, students are encouraged to consult the instructors of the course. Details on the SMU Code of Academic Integrity may be accessed at http://www.smuscd.org/resources.html.

Plagiarism is a form of cheating which undermines academic integrity. Plagiarism is prohibited at SMU. A random selection of individual and group papers will be submitted to www.Turnitin.com to check for academic integrity. Dont let your paper be the one caught in this process!

APPOINTMENTS WITH INSTRUCTOR In addition to class time, the instructor is available for office consultations with students. All consultations must be arranged at least 48 hours in advance, although shorter notice will be permitted in exceptional circumstances if the instructor is otherwise available. Consultations will not exceed thirty minutes, unless exceptional circumstances present.