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課程名稱 |
國際商務仲裁法理
International Arbitration Jurisprudence |
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開課學期 |
111-2 |
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授課對象 |
法律學院 法律研究所 |
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授課教師 |
俞鴻玲 |
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課號 |
LAW7807 |
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課程識別碼 |
A21EM24A0 |
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班次 |
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學分 |
1.0 |
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全/半年 |
半年 |
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必/選修 |
選修 |
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上課時間 |
第8,9 週
星期一10,A,B,C(17:30~21:05)星期四10,A,B,C(17:30~21:05) |
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上課地點 |
霖研二1502霖研二1502 |
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備註 |
本課程以英語授課。密集課程。
限法律學院學生(含輔系、雙修生)
總人數上限：20人 |
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課程簡介影片 |
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核心能力關聯 |
核心能力與課程規劃關聯圖 |
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課程大綱
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為確保您我的權利,請尊重智慧財產權及不得非法影印
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課程概述 |
This module is taught in English and offers students an understanding of the jurisprudence of international arbitration. Students will be exposed to the comparative legal methodology in their engagement with the latest debates on the key debates in international arbitration. This module will provide students with opportunity to review their mindset of dispute resolution. To fully engage with the module, students are required to carry out presentation, prepare for the seminars and contribute to the discussions.
Learning style: Student led learning and teaching. Students will have the experience of different learning culture aiming to develop their in-depth legal analysis skills. Students are expected to work hard for this module. Discussions and engagement on the most up to date knowledge on international arbitration will be the key to fully appreciate the depth of this module. |
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課程目標 |
The learning outcomes of this module are:
• To apply the core legal rules and principles of international commercial arbitration,
• To understand and engage in the most current debates in the key areas of the subject by analysing and ranking arguments and evidence in terms of relevance and importance,
• To identify and analyse the legal issues arising from specific areas of international commercial arbitration,
• To research and analyse complex current issues and developments in international commercial arbitration,
• To integrate information and materials from a variety of different sources,
• To conduct discussions and debates in English,
• To develop independent critical thought and legal research and oral and writing skills through the preparation and presentation of arguments as
• To develop proficient use of the English legal language and present knowledge or a sustained argument in a way which is comprehensible to others,
• To apply knowledge and analysis in a legal context,
• To present arguments being supported by evidence, in order to meet legal requirements of proof, and
• To develop the ability to plan group work and work to deadlines.
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課程要求 |
The learning and teaching will be delivered by student-led presentations and discussions. Each student will be required to read the key sources and research literature widely prior to their attendance to the seminars.
Student led learning and teaching:
1. For each topic, collaboratively, students are required to work in smaller groups to share knowledge obtained from (1) the prescribed reading list (2) extra reading on the topic ( one extra source per student) within the group allocated.
2. Each group will deliver a 15-20 minutes presentation to the class and receive questions. Group members shall collectively design a presentation topic with the necessary depth reflecting the area of law. All presentations must cover both primary and secondary sources. Each presentation will be followed by a Q&A session with your peers and the teaching staff.
3. Each student shall learn how to draft an issue focused question and post one legal question to the discussion board for seminar discussion.
4. All students must read the questions posted by your peers. Questions will be chosen by the teaching staff for Q&A and seminar discussions.
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預期每週課後學習時數 |
As this is a PG module, 10-12 hours (reading and discussion) shall be allocated for each topic. |
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Office Hours |
另約時間 備註： 課程行前介紹會議(2023/2/20 17:30開始)
https://teams.live.com/meet/954167208653
TA：徐慕薇（HSU, MU-WEI）r11a21107@ntu.edu.tw |
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指定閱讀 |
Please Click "Discussions" on the left panel access the reading. |
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參考書目 |
Below are the typical textbooks or references used for this area of law. However, students are strongly encouraged to carry on research on the various "academic" sources available to you.
Blackaby, Partasides, et al. Redfern and Hunter on International Arbitration, (2015, 6th edn OUP), available on Westlaw Book
Gary Born, International Arbitration: Law and Practice (2021, 3rd edn Kluwer Law International) or
Lew, Mistelis, et al. Comparative International Commercial Arbitration, (2003 Kluwer).
If Born and Mistelis et al. are not available at NTU, please consult any books on arbitration or read any journal articles providing you with a general understanding of arbitration. |
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評量方式
(僅供參考) |
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No. |
項目 |
百分比 |
說明 |
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1. |
Group presentation 1 |
30% |
Group Presentation on The Law Governing the Arbitration Agreement: To Validate or Not to Validate?
Each group member shall design and deliver a joint group presentation (15-20 mins) on a legal issue related to this topic; citing primary source and secondary sources. The group members shall also work together to receive questions from the audience.
Your group presentation will be judged on the following criteria
Legal focus of the presentation (1-100)
Understanding and analysis of law (1-100)
Breadth and depth of the sources (1-100)
Clarity, knowledge and confidence (1-100)
Elaboration and peer support (1-100)
Time management (1-100)
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2. |
Group Presentation 2 |
30% |
Group Presentation on The Latest Development on Arbitrator’s Duty of Disclosure in International Arbitration
Each group member shall design and deliver a joint group presentation (15-20 mins) on a legal issue related to this topic; citing primary source and secondary sources. The group members shall also work together to receive questions from the audience.
If you are unable to join the group presentation with a justified reason allowed by the NTU policy (such as academic adjustments, illness supported with a medical note, bereavement as such), recording of your part of the presentation shall be submitted to me prior to the class and it will be used as part of the assessment.
Your group presentation will be judged on the following criteria
Legal focus of the presentation (1-100)
Understanding and analysis of law (1-100)
Breadth and depth of the sources (1-100)
Clarity, knowledge and confidence (1-100)
Elaboration and peer support (1-100)
Time management (1-100)
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3. |
Group Presentation 3 |
40% |
Individual Presentation on Compiling A Global Landscape of Arbitrator’s Liability and Immunity – Self Directed Research
For this part of assessment,
(1) each group member shall use the comparative legal research method to choose two comparators (jurisdictions), design and deliver a five-minute presentation on this topic; citing primary source and secondary sources and considering which theory your chosen comparators apply and the evidence supporting your viewpoints. If time allows, you will be expected to receive questions from the audience. (20%)
Your presentation will be judged on the following criteria
Legal focus of the presentation (1-100)
Understanding and analysis of law (1-100)
Breadth and depth of the sources (1-100)
Clarity, knowledge and confidence (1-100)
Elaboration (1-100)
Time management (1-100)
(2) Group written reflective learning report on International Arbitration Jurisprudence, explaining your engagement with the group work and the discussion board, the knowledge you have / have not obtained on the issue(s) you find most interesting in during the learning and teaching of this module and how you see yourself taking up the issue for further research and anticipate the issue(s) could be developed. (20%)
Word limit: TBC (excluding footnotes)
Citation: All references should be properly cited in footnotes, following the NTU referencing policy. No need for bibliography.
Deadline: 12 noon, 2 May 2023 (Taiwan time)
Method of Submission: TBC by the Law Office
Each group member must specify your part of written contribution for assessment.
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週次 |
日期 |
單元主題 |
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第1週 |
2/20 |
17:30 Pre-meeting: The introduction of the module.
課程行前介紹會議(2023/2/20 17:30開始)
https://teams.live.com/meet/954167208653
TA：徐慕薇（HSU, MU-WEI）r11a21107@ntu.edu.tw
Prior reading between week 1 and week 6
Hong-lin Yu, Explore the void - an evaluation of arbitration theories: Part 1
Int. A.L.R. 2004, 7(6), 180-190
Hong-Lin Yu
Explore the void - an evaluation of arbitration theories: Part 2 Int. A.L.R. 2005, 8(1), 14-22 |
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第8週 |
4/10 |
The Jurisprudence of Arbitration: Using confidentiality as an example |
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第8週 |
4/13 |
The Law Governing the Arbitration Agreement: To Validate or Not to Validate? |
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第9週 |
4/17 |
The Latest Development on Arbitrator’s Duty of Disclosure in International Arbitration |
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第9週 |
4/20 |
Compiling A Global Landscape of Arbitrator’s Liability and Immunity – Self Directed Research |
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