|Module Title||INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION: LAW & POLICY|
|Co-ordinator||Mr John Linarelli|
|Semester||Intended For Use In Future Years|
|Next year offered||N/A|
|Next semester offered||N/A|
|Other staff||Mr Andrew Campbell, Professor Ryszard Piotrowicz|
|Course delivery||Seminars / Tutorials||10 x 2 hours|
|Assessment||Course work||1) an extended essay 2) role modelling of the negotiation of arbitration clauses in an international contract, the negotiation of an arbitration agreement and/or possibly in the conduct of an actual arbitration. The role modelling will depend on the kinds of materials we can obtain.|
|Resit assessment||Resubmission of failed coursework|
Lawyers are increasingly involved in the planning and structuring of international business transactions for clients. Transactions which cross international borders are becoming routine in the daily practice of corporate law. One of the important tasks of the lawyer is in designing systems of dispute resolution at the transaction structuring stage for the handling of potential disputes between parties to a transaction. Arbitration and in some instances mediation are the principal methods of dispute resolution at the transnational level. Courts are alternative dispute resolution mechanisms when transactions involve more than one jurisdiction.
In addition to 'private' forms of dispute resolution between parties to international transactions, trade treaties increasingly rely on binding dispute settlement mechanisms to resolve trade disputes between countries. The Uruguay Round of trade negotiations, conducted under the auspices of the GATT, brought about a sea change in this aspect of international dispute resolution.
This course will cover the salient issues in the law and policy of international dispute resolution. Whilst the focus will be on commercial dispute resolution between private parties, the course will also cover some of the important issues in the resolution of trade disputes between countries.
The course adds an important component to our existing programme. It should be attractive to potential students as well.