This course aims to provide students with the requisite knowledge of and practice in formulating and drafting a final, reasoned and enforceable arbitration award in an international commercial dispute.

This course will focus on the following key elements to assist the student in drafting an enforceable arbitration award:
1. How to draft and communicate arbitral awards;
2. Types of awards;
3. Deliberations and decision making;
4. Form and context of arbitral awards;
5. Effect of the final award

This course enhances the student's ability to carry out independent research and acquire knowledge through self-study thus enabling students to demonstrate an ability to:
- analyse the facts and documents in arbitration proceedings and organise decisions on the facts and the law; and
- to write an enforceable, reasoned award which deals with matters in dispute in a clear and logical manner, using appropriate terminology, and taking into account the use of grammar, punctuation and spelling.

Examination

The examination is designed to test the students' abilities of applying the theories and law they have learned to realistic factual situations involving different commercial relationships and disputes with the ultimate goal of drafting an enforceable arbitration award. The use of Generative AI tools is not allowed.

Remarks:

For Continuous Assessment Weighting <= 30%

In order to assess students' course performance in a holistic and fair manner, for SLW courses, including Gateway Education course and servicing courses, with a Continuous Assessment (CA) component that is equal to or less than 30%, the pass mark requirement for the CA component would be waived, i.e. students will only need to reach the pass marks for the final exam AND the overall mark in order to pass the course, with effect from Semester B 2021/22, applicable to all intakes. For courses with a CA component that is above 30%, no change should be applied to the current practice.

* Notes:

Applicable to students admitted before Semester A 2022/23 or in Semester A 2024/25 & thereafter

In order to pass this course, students must:

1. gain 100% attendance.

2. obtain a minimum mark of 40% in the examination.

3. Students should ensure that they have access in class to a laptop computer so that they can complete the various in-class exercises and assessments.

Applicable to students admitted in Semester A 2022/23 to Summer Term 2024

In order to pass this course, students must:

1. gain 100% attendance.

2. obtain a minimum mark of 50% in the examination.

3. Students should ensure that they have access in class to a laptop computer so that they can complete the various in-class exercises and assessments.

Students will be sent a reading list as well as a set of reading materials focusing on arbitration awards, their characteristics, functions and drafting. Students are required to write a reflective journal recording their learning experiences in the first eight weeks, and to submit a coursework assignment. Towards the end of the semester, there are face-to-face tutorials which help students develop their legal analysis and drafting skills. At the face-to-face tutorial students will be given the first set of materials relating to an arbitration case; these will normally cover all information but the hearing. Students will be required to start working on the award by drafting summary of facts, summary of parties' positions, claims, etc. After the face-to-face tutorials students will sit in a four hour open book examination (the final examination). In the final examination, students will be given a second set of materials (typically the information relating to the hearing) and they will have four hours to complete their award. The award should be presented in a format that complies with the requirements stipulated within the Hong Kong Arbitration Ordinance (Cap. 609). Relevant instructions will be conveyed by the way of self-study, reading and face-to-face tutorial seminar.

Subject to the availability of University facilities and resources, students are required to take a computer-based examination within a computer laboratory. During the examination, students will not have access to the Internet to assist them in drafting the award. Students could bring a USB with course materials.