Postgraduate

Modules

Modules

LAW8573 : International Commercial Dispute Resolution

Semesters
Semester 1 Credit Value: 20
ECTS Credits: 10.0

Aims

This class aims to instil in students a critical awareness of a range of dispute resolution options in the international commercial field, including litigation, arbitration and mediation. This will entail developing a sound understanding of the basic rules of private international law, as well as the jurisdictional and choice of law rules and principles applicable to international commercial litigation and enforcement of foreign judgements. Students shall also be introduced to key principles, techniques and legal frameworks underpinning international commercial arbitration including a comparison of UNCITRAL rules and those under the English Arbitration Act and operation of the New York Convention on enforcement of foreign arbitral awards. Then class shall also cover mediation in the context of international commercial disputes, enforcement through the EU Directive and Singapore Convention and the role of lawyers within the process. The class shall also provide a critical appraisal of the different processes.

Outline Of Syllabus

International litigation basic principles

Jurisdictional and choice of law rules

International commercial arbitration - Rules and principles, development

Mediation, origins, models and development

Issue of cross border enforcement of judgments, awards and agreements

Critical appraisal of pros and cons of different dispute resolution process and the role of lawyers therein

Teaching Methods

Please note that module leaders are reviewing the module teaching and assessment methods for Semester 2 modules, in light of the Covid-19 restrictions. There may also be a few further changes to Semester 1 modules. Final information will be available by the end of August 2020 in for Semester 1 modules and the end of October 2020 for Semester 2 modules.

Teaching Activities
Category Activity Number Length Student Hours Comment
Guided Independent StudyAssessment preparation and completion301:0030:00Assessment preparation and completion
Structured Guided LearningLecture materials42:008:002 hr lecture + 2 hr student prep; Non-synchronous blended lectures
Guided Independent StudyDirected research and reading95:0045:00Independent work on reading and seminar preparation. 5 hr student prep for one seminar
Scheduled Learning And Teaching ActivitiesSmall group teaching92:0018:00Synchronous interactive seminars delivered online
Scheduled Learning And Teaching ActivitiesDrop-in/surgery61:006:00Held over Zoom
Guided Independent StudyIndependent study851:0085:00N/A
Guided Independent StudyOnline Discussion81:008:00Student-led discussion board
Total200:00
Teaching Rationale And Relationship

Scheduled on-line seminars: seminars will be interactive and require preparation through reading and engagement with discussion points in advance. The teaching method aims to draw students into critical discussion. Some seminars shall involve practical role-playing exercises.

Lecture materials: Non-synchronous lecturers allow students to systematically understand the basic theories and concepts and particularly helpful for students who have no basic background of the learning subject. There will be four two-hour lectures, interspersed with online learning activities throughout the year. As in the university module, on the basis of one hour of content delivery including an additional hour of student preparation activity, this amounts to 16 hours of student activity.

Drop-in aims to provide surgical and Q&A sessions to support individual learning.

Online discussion: Student-led discussion board. Student gets assigned an article and will lead a discussion on it. Eight sessions are planned to cover eight substantive topics.

Directed research and reading: Students are expected to have guided independent learning including guided research and reading to prepare seminars and practical problems, as well as board discussion of assigned questions or articles.

The teaching method will rely on self-directed study for the remaining notional hours for the class – this includes preparation for seminars as well as preparation and writing of assessments.

Assessment Methods

Please note that module leaders are reviewing the module teaching and assessment methods for Semester 2 modules, in light of the Covid-19 restrictions. There may also be a few further changes to Semester 1 modules. Final information will be available by the end of August 2020 in for Semester 1 modules and the end of October 2020 for Semester 2 modules.

The format of resits will be determined by the Board of Examiners

Other Assessment
Description Semester When Set Percentage Comment
Essay1M1003000 words
Formative Assessments
Description Semester When Set Comment
Written exercise1MStudents will write a detailed table of content and the first two chapters of an assigned essay topic.
Assessment Rationale And Relationship

The formative assessment is provided in the form of written exercise set early in the course. Students are assigned an essay question on the content covered in the first 3 seminars. Considering students study loads in this and other modules and the fact that some are unfamiliar with academic essay writing, this exercise will be light-touched in that it does not demand students to submit a full, completed essay, but a table of content and the first two chapters to have a “taste” of the key elements and requirements in academic essay writing and it also allow us to test students understanding and knowledge in the relevant topic and to provides valuable feedback for students in tackling the essay. This exercise is non-weighted and does not count to the final grade, but in order to ensure students remain engaged, it will be graded on a ‘pass/fail’ basis.

The final summative component is an essay of 3,000 words. Students shall be given a choice of 3 questions so as to encourage attendance at different seminars across the course. The assessment regime is designed to test the students’ ability to engage critically with a topic and put to use independent research skills and powers of critical analysis.

Reading Lists

Timetable