Module LAW2251: INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION

Department: Law

LAW2251: INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION

Prerequisites

• Legal Skills (LAW 1041), Tort Law (LAW 1051) and Contract Law (LAW 1071) OR, at the discretion of Chairman/Chairwoman of Board of Studies or delegate, a suitable module or combination of modules from another Department.

Corequisites

• None

Excluded Combination of Modules

• None

Aims

• This module aims to introduce to students the legal and regulatory issues concerning different methods of resolving disputes in international commercial practice. It requires students to consider and reflect upon Alternative Dispute Resolution (ADR) processes such as arbitration, conciliation and mediation. Students will develop an appreciation of their distinct and individual nature, including their relative advantages and disadvantages, both in comparison with each other and in comparison with the resolution of disputes through conventional judicial means. It is intended that students will acquire sound and accurate knowledge of these areas, providing them with a useful resource for their future careers.

Content

• The content of the module will typically include:
• The legal and regulatory distinctions between the traditional litigation process and alternative forms of dispute resolution such as arbitration, mediation and conciliation.
• The international and domestic legal framework of arbitration: jurisdiction and scope of the arbitrator.
• The effect of arbitration and the possibility of limiting the jurisdiction of the courts.
• The legal and regulatory framework of mediation and conciliation, including issues such as process confidentiality and the legal status and enforceability of the settlement agreements that result from engaging in these processes.
• The potential exposure of lawyers, clients and facilitators with respect to ADR processes.

Learning Outcomes

• Students should be able to:
• Demonstrate a sound and accurate knowledge of the legal and regulatory issues pertaining to Arbitration, Mediation and Conciliation processes in the resolution of commercial disputes.
• Familiarise themselves with the secondary literature and debates pertaining to the law and regulation of Arbitration, Mediation and Conciliation.

• Students should be able to:
• Analyse and evaluate the existing law and regulatory framework relating to arbitration, mediation and conciliation both domestically and internationally in light of the legal, social, economic and political questions raised.
• Apply the existing law and regulatory framework to given factual scenarios and advise accordingly.
• Engage in informed debate concerning future changes in the law and regulatory framework.

• Students should be able to:
• Demonstrate the skill of communicating complex ideas and arguments in clear written form.
• Demonstrate developed analytical and writing skills, including the ability to work independently and to take responsibility for their own learning.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• The core principles of the subject will be conveyed by lectures. Additional reading will be set to ensure that more complex aspects of the principles are investigated. Tutorials will be used to reinforce the lectures, to ensure that the reading has been understood, and to develop subject-knowledge and subject-skills as outlined above. An optional formative essay will be used to develop both subject-skills and communication skills.
• Summative assessment comprises a 4,000 word assignment and one unseen examination of two hours thirty minutes, where students are given a choice of questions to answer. The assignment and the exam each have a component weighting of 50%. The assignment will be set in the Michaelmas term. The assignment and exam are structured in such a way as to assess students on all the specific outcomes and test the ability to focus on relevant legal and regulatory issues and organise knowledge and argument appropriate to the issues raised. The assignment and exam will provide the means for students to demonstrate the acquisition of subject knowledge and the development of their problem-solving skills.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

One 1500 word essay to be set in the Michaelmas Term.

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University