Faculty of Law

Undergraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

To find units available for enrolment in the current year, you must make sure you use the indexes and browse unit tool in the current edition of the Handbook.

FacultyFaculty of Law
OfferedSunway Term 3 2013 (Day)
Coordinator(s)Dr Normann Witzleb


This unit explores the main legal issues involved in the resolution of legal disputes between private (that is, non-state) parties in an international setting. In that respect, we will consider in detail the two major systems of dispute resolution: litigation before national courts and arbitration before private arbitral tribunals. We will analyze and compare the legal issues that may arise at the different stages of an international dispute in each of these systems and on that basis discuss the policy issues involved in each context and the considerations that will become relevant for parties when deciding which kind of dispute resolution system to choose. Particular emphasis will be on

  1. the initiation of the proceedings (jurisdiction and forum selection clauses, arbitration agreements and arbitrability),
  2. the conducting of the proceedings (service of process, taking of evidence) and
  3. the recognition and enforcement of the respective decisions (court judgments and arbitral awards).


On completion of this unit, a student should be able to:

  1. demonstrate a solid understanding of the principles of international litigation and arbitration;
  2. analyze and apply the legal framework governing international litigation and arbitration;
  3. acquire understanding and sensibility for the parallels and differences between litigation before national courts on the one hand and commercial arbitration on the other;
  4. acquire understanding and sensitivity for the similarities and differences of the approaches and solutions adopted in different countries towards international litigation and arbitration (with a particular emphasis on Europe and the United States);

engage in discussion about jurisdictional and policy issues relating to the these approaches and solutions.


Class participation: 10 %
Research paper (1,500 words): 30 %
Examination: 60 %

Chief examiner(s)

Contact hours

12 hours/week (taught intensively as part of the Law Malaysia Program)


LAW1101 Introduction to Legal Reasoning, LAW1104 Research and Writing or an equivalent introductory course at another university.




LAW4652 Transitional Litigation
LAW4179 International Commercial Arbitration