Module Identifier LAM3920  
Module Title INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION  
Academic Year 2005/2006  
Co-ordinator Mrs Ruth D Atkins  
Semester Intended for use in future years  
Next year offered N/A  
Next semester offered N/A  
Other staff Mr David A Poyton, Dr Jonathan M C Fitchen  
Course delivery Seminars / Tutorials   11 x 2 hour seminars  
Assessment
Assessment TypeAssessment Length/DetailsProportion
Semester Assessment Two essays of 2,500 - 3,000 words (40% each) or One essay of 5,000 - 6,000 words 80%
Semester Assessment Oral Presentation  20%
Supplementary Assessment Resubmit coursework 

Learning outcomes

On completion of this module, students should be able to:
1. Demonstrate detailed knowledge of the characteristics of International Commercial Disputes and associated methods of dispute resolution.
2. Comment critically on the positive and negative aspects of dispute resolution methods.
3. Explain and critically analyse methods of commercial arbitration with reference to their use in practice.   
4. Evaluate the role of the law, litigation and ADR in the context of international commercial activity.

Brief description

The module begins by considering the nature and characteristics of International Commercial Disputes (ICD). The use of litigation to resolve ICDs is then examined with a focus upon the advantages and disadvantages of adopting litigation as an approach to International Commercial Dispute Resolution. This leads naturally on to an analysis of the development of alternative methods of dispute resolution and their rationale. Case studies are included to provide an insight into commercial arbitration in practice. The role of the law in mounting a challenge to the arbitrator'r adjudication and the enforcement of awards provides the opportunity to develop critical analysis of the interaction between law, litigation and ADR.

Content

1. Introduction to the concept of the International Commercial Dispute (ICD).   
2. Litigation as a solution to ICDs.   
3. The developments of alternatives to litigation and their rationale.
4. Alternative Dispute Resolution (ADR) ? Conciliation, Mediation, Negotiation and Early
   Neutral Evaluation.
5. ADR ? Arbitration 1: rational & Arbitration 2: regulation.
6. ADR ? Arbitration 3: commercial practices (including private planning, imposed arbitration,
   trade associations and other bodies) & Arbitration Models (e.g. UN, OECD).
7. Case Studies of current ICDR in industry (e.g. ICANN'r, UDRP).
8. The role of the law in ADR - enforcing awards (res judicata).
9. The role of the law in ADR ? challenging the arbitrator.
10. Re-evaluating the interaction of law ? litigation vs. ADR.

Aims

This module will be an important contribution to the LLM International Business Law. It will introduce students to the study of dispute resolution which will provide the student with the opportunity to examine matters of practical application as opposed to legal rules and their interpretation

Module Skills

Notes

This module is at CQFW Level 7