LLM International Commercial Dispute Resolution

Key details

LLM INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION

Start Year

2023

Attendance

Full Time

Award

Degree of Master of Laws

Duration (years)

This course is all about how the law can assist and facilitate the resolution of international or cross-border commercial disputes and thus world trade. International trade and business have increased significantly over the last few decades, and this has brought a corresponding increase in commercial cross-border disputes, the management and resolution of which is very different from the resolution of purely domestic disputes. Most international law firms have a department dedicated to international dispute resolution and studying this subject is essential, therefore, if you want a career in cross-border dispute resolution or international trade and commerce, or indeed in a trade-related government department.

On this course, you’ll learn to think from an international legal perspective and will gain comparative knowledge of various approaches to international commercial dispute resolution. In addition to the core modules of international commercial litigation and international commercial arbitrations, students have a choice to select specialised international commercial dispute resolution modules, such as investment law and arbitration, Sharia Arbitration, and international construction law and dispute resolution.

Moreover, the Course offers a unique opportunity to gain a mix of theoretical and practical experience of international commercial arbitration by enrolling on the Willem C Vis Moot module (40 credit) which involves simulating the dispute resolution of an international sale of goods problem by arbitration.

About

Study at UEA Law School and you’ll be joining a School that excels in its dedication to offer intellectually diverse, varied and stimulating postgraduate courses, supported by a wide-ranging selection of subjects or modules taught by leading experts. The School is based in Earlham Hall, a building of significant historical importance, built in 1642 but recently refurbished, where most of the postgraduate LLM teaching takes place – it will therefore be your home for your period of study.

Each year we welcome around 100 postgraduate students from a wide variety of geographical and personal backgrounds, and it is the vibrant and dynamic community they create that completes the student experience.

We place significant emphasis on choice, building your confidence, maximising your employability and developing adaptable transferable skills. We believe small group teaching at postgraduate level is important and we aim to keep class sizes low, offering you an unparalleled personal teaching environment with access to our team of international specialists drawn from academia and practice.

We also believe practical and careers experience is extremely valuable and we’ve developed a programme of opportunities tailored specifically to the needs of our postgraduate students, including placement opportunities for both UK and overseas students. During your course, you can apply for one of 50 internship placements. You can also attend careers panels, commercial awareness workshops, mock job interviews, our annual Law Careers Fair and many other events organised by the UEA Law School and the Careers Service.

Law Masters (LLM) degrees are increasingly seen by employers as a means to distinguish applicants. Our graduates have progressed to a wide variety of successful careers, from private practice to government legal departments and international organisations, from universities to industry and commerce.

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Important Information

Whilst the University will make every effort to offer the courses listed, changes may sometimes be made arising from the regular review of course programmes. Where this activity leads to significant (but not minor) changes to programmes, there will normally be prior consultation of students and others. Changes may for example consist of variations to the content and method of delivery of programmes, courses and other services, to discontinue programmes, courses and other services and to merge or combine programmes or courses. The University will endeavour to keep such changes to a minimum, and will inform students.

Assessment for Year 1

You’ll experience a variety of assessment methods, but with a particular focus on coursework. We believe this enables you to best demonstrate your attainment of the learning objectives and therefore enhances your performance, aiding your successful completion of your Master’s degree.

The Willem C vis Moot Module has tailored assessment so that, in addition to submitting a claimant and respondent memorandum focused on the moot problem which is released early October each year, students also have two written assignments and an arbitration simulation based on the Willem C vis competition problem distributed in the relevant year of study.

Throughout your course, you will be given guidance on your work and constructive feedback to help you improve. This feedback will be on both formative and summative assessments and can be discussed with your Academic Adviser and your module organiser.

Structure

You will need to complete 180 Level 7 credits.

You’ll start your course by taking the compulsory non-credit bearing Postgraduate Legal Skills and Research module. You will discover the essentials of international commercial dispute resolution in your two core modules: International Commercial Litigation, and The Law and Practice of International Commercial Arbitration.

International Commercial Litigation provides an introduction to the issues which arise in the litigation of commercial disputes on an international basis. It addresses the treatment of jurisdiction and applicable law in commercial disputes with reference mainly to UK and European legal sources.

In The Law and Practice of International Commercial Arbitration, you will be introduced to the theory and practice of international commercial arbitration. The module focuses on understanding the nature and operation of the arbitral process in the context of international commercial relationships as a means of resolving disputes that arise in those relationships. In addition to providing an overview of the arbitral process, the module focuses on key problems and issues that arise in arbitral practice.

You will then have the chance to explore some specialist areas of international commercial dispute resolution law such as, International investment and Arbitration law, International Construction law and Dispute Resolution, and Law and Practice of Sharia’ Arbitration (Tahkeem), and an option to study a 40 credit module and then participate in the world famous Willem C Vis International Commercial Moot Module.

Otherwise, you can choose from more than 15 optional modules including, for example:

Foundations of International Commercial law
Comparative International Sales
Carriage of Goods by Sea and Marine Insurance Law
Law of the World Trade Organisation
Information Technology Law
E-Commerce and Internet Law

During the summer, you will write a dissertation on an area of specific interest to you, falling broadly within the field of international commercial dispute resolution.

With the agreement of the Course Director, you can also choose up to 40 credits' worth of modules from other postgraduate courses offered by UEA. For example, you might choose a module from one of UEA’s International Relations, International Development, Business, or Economics courses.

The Willem C vis module involves travel to Vienna, Austria in order to take part in the Willem C vis international mooting competition. A number of students are selected based on merit to represent UEA during the oral hearings in Vienna. Costs of travel and expenses are paid by the university for those selected.

Teaching and Learning

This course gives you an excellent balance of independent thinking and study skills, helping you to grow into a self-motivated learner, expert researcher, and analytical thinker.

Teaching is provided by academics and associate tutors from legal practice (often international law firms) who are specialists in their fields. Teaching formats include interactive lectures and seminars. Whatever the format, you’ll learn how to listen to and critique the ideas of others, as well as how to present and defend your own theories.

Depending on your module choices, you will have around eight contact hours per week.

Your module organisers will provide you with a list of compulsory and optional further reading material in advance of each class. This means that you can fully prepare for your small group meetings, having identified areas for further discussion. We recommend you spend at least 10 to 15 hours a week preparing for each of your modules.

You’ll develop accuracy and precision in your written work and you will become well versed in time management, graduating as someone who is highly organised and confident in self-directed study.

To make sure you get the most from your studies and to help you reach your full potential, you will have an Academic Adviser who will help you through the year.

In addition, our Learning Enhancement team, based in the Student Support Services are on hand to help in various study areas, including study and writing skills, academic writing (including how to reference), and research skills.

If you have additional needs due to disabilities such as sensory impairment or learning difficulties such as dyslexia, please talk to our Student Support Service about how we can help.

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Assessment for Year 1

Compulsory Modules

POSTGRADUATE LEGAL SKILLS

Code LAW-7035A

Credits 0

This module is compulsory for all taught Law Masters Programmes and is taught in the first semester. The aim of this module is to assist students in developing a number of core legal study skills needed during the LLM year (and thereafter). The module will commence with an Induction Day followed by seminars on subjects such as identifying and understanding sources of law, using electronic research resources, the role of private international and comparative law in international commercial law. Later in the semester there are seminars on plagiarism (how to avoid it and proper citation of sources), and writing and presentation skills.

INTERNATIONAL COMMERCIAL LITIGATION

Code LAW-7014A

Credits 20

This module will provide an introduction to the issues which arise in the litigation of commercial disputes on an international basis. It will cover the treatment of jurisdiction and applicable law in commercial disputes by reference mainly to UK and European legal sources, and introduce some of the principal features of the common law legal systems (UK and USA), as they apply to commercial cases.

INTERNATIONAL COMMERCIAL ARBITRATION

Code LAW-7007B

Credits 20

International arbitration has become the established method of determining disputes between international commercial businesses, with new arbitral centres emerging and the law and practice of international commercial arbitration evolving rapidly. This module examines the legal theory and practice of international commercial arbitration. The module’s focus is on understanding the nature and operation of the arbitral process in the context of international commercial relationships, as a means of resolving disputes that arise in international commercial transactions. In addition to providing an overview of the arbitral process, the module also focuses on key problems and issues that arise in arbitral practice, such as the interaction and application of the various relevant laws, and the application and interpretation of the most important international legal instruments relevant to international commercial arbitration such as the New York Convention and the UNCITRAL Model Law. We also engage with national case law and undertake problem solving, and adopt a comparative approach.

DISSERTATION

Code LAW-7000X

Credits 40

You’ll have the opportunity to develop a research proposal and write a dissertation on a research question formulated by the you using the subject matter of the degree for which you are enrolled. The purpose of the dissertation is for you to demonstrate your ability to carry through an independent piece of work on a subject of your choice.

Optional A Modules

(60 credits)

INTERNATIONAL INVESTMENT AND ARBITRATION LAW

Code LAW-7016B

Credits 20

Foreign direct investment refers to an investment made in a foreign jurisdiction to achieve a long-term economic benefit. Almost 3000 treaties worldwide regulate foreign direct investment, and it is the interpretation of these treaties by arbitral tribunals, together with customary international law, which forms the basis of international investment law. You will examine the nature of international investment law and investor-State dispute resolution procedures, and look at recent developments in the area. You will consider the policies underlying international investment law and how these impact upon the operation of international investment law in practice.

COMPARATIVE INTERNATIONAL SALES LAW

Code LAW-7022A

Credits 20

This module is key to the International Trade Law LLM and takes a critical and comparative look at the fundamental legal arrangements for the international sale of goods and the two competing international legal regimes, being the UN Convention on Contracts for the International Sale of Goods (CISG) and the English law on sale of goods (including the Sale of Goods Act 1979), all against the backdrop of international legal harmonisation. Today, international sales contracts are frequently governed by the CISG which is in force in more than 80 States from all parts of the world, among them both major industrial nations and developing states. It has been widely applied in international commercial transactions in the past thirty years with more than 3000 decisions by state courts and arbitral tribunals having been reported so far. It therefore seems fair to say that the CISG has in fact been one of the success stories in the field of the international unification of private law. Nevertheless, the United Kingdom, one of the oldest -and biggest- global trading nations, has not, yet, ratified the CISG. Also, in spite of the widespread adoption of the CISG, it remains the case that many international traders choose English law to govern their international sales contracts. We will examine select substantive provisions of these two “competing” legal regimes with a view to determine their essential differences and similarities. This examination may shed light on questions such as, why parties would choose English Sales Law rather than the CISG, and the implications of the “competition” between the two regimes for efforts aimed at the international harmonisation of law. Throughout the module, attention will be drawn to problems arising in international sales practice in order to develop an understanding of the commercial context in which the law of international sales operates.

FOUNDATIONS OF INTERNATIONAL COMMERCIAL LAW

Code LAW-7033Y

Credits 40

This 40 credit year-long module forms the grounding of (and is compulsory for) the International Commercial and Business Law and International Trade Law courses, and aims to introduce students to the essential foundational elements of international commercial law, not studied at undergraduate level. It aims to give students an understanding of what drives the law governing international commerce, the reasons for harmonisation of the law in the area, the institutions involved in the harmonisation process and the scope of that process. We examine the various ways in which harmonised instruments are created and the major problems and policy issues which have to be confronted. This module does not aim to teach the detailed substantive law relating to any specific aspect of international commercial law (there are separate modules which do this) but instead seeks to provide an outline map that enables you to understand the scale and scope of transnational commercial law, while at the same time understanding how such law is developed and what and who drives its development. We will, however, explore several areas of international commercial practice in the Spring semester in which attempts have been made to harmonise or codify the law in those areas. The process by which harmonisation / codification was attempted in each of these areas will be examined, as will some of the substantive rules produced. We will conclude with an examination of what has caused some harmonisation efforts to be successful and others to fail and finally to consider ways in which the harmonisation process can be improved in general and the impact of regionalisation.

THE WILLEM C VIS INTERNATIONAL COMMERCIAL ARBITRATION MOOT MODULE

Code LAW-7035Y

Credits 40

This year long module is intricately linked with the UEA Law School's participation in the world famous Willem C Vis Moot which is one of the most successful international mooting competitions. It involves students working collaboratively to produce a claimant and respondent memorandum based on the Vis Moot problem which is released every year in the first week of October. The problem will involve a dispute concerning the international sales of goods, which is governed by the Vienna Convention on the International Sale of Goods, which is then hypothetically resolved by reverting to arbitration. Please note that students will be required to apply for a place on this module by means of a written application procedure and if necessary an interview. The teaching and learning approach of the module is student centred; the moot rules allow for coaching, guidance and feedback to be given PROVIDED the research is student-led and the memoranda are fully written by the students themselves. The module will thus support the students in undertaking your tasks by means of seminars where you will be given guidance and feedback on your performance in preparation of the moot documentation. Students will be introduced to the subject areas of international commercial arbitration and international sales law before being tasked to work on the moot problem scenario, undertaking research and drafting team notes and parts of the memoranda. As part of the module and the moot, you will also be learning how to represent a client in international commercial arbitration, both in written statements and orally in the hearing. After introductory seminars, the emphasis will be on student presentations and the obtaining of feedback from the group and coach. Research will be student-led: no seminar reading lists will be provided for seminars once the moot problem has become live in early October. You will be required to undertake detailed legal research and to present your findings orally and in writing to the group, members of staff and occasionally to outside observers from the legal profession. Assessment will be a mix of individual and collective submissions based on the written memoranda and advocacy skills. Although not part of the assessed module (and not compulsory), students who have successfully taken part in the written component of the module will be eligible to travel to Vienna in the Easter break to attend the Vis Moot itself (subject to Visa controls) and a selected few (based on advocacy skills and knowledge of the law) will argue the case before a tribunal of three arbitrators in Vienna during the Easter Break. For further details visit the competition’s official website https://vismoot.pace.edu/

INTERNATIONAL CONSTRUCTION LAW AND DISPUTE RESOLUTION

Code LAW-7037B

Credits 20

This module provides in depth knowledge of the legal principles of contract applicable in the context of construction disputes, the administration of such contracts, and addresses the contractual and statutory law and procedure governing the adjudication of such disputes.

LAW AND PRACTICE OF SHARIA' ARBITRATION (TAHKIM)

Code LAW-7038A

Credits 20

Despite Islamic law being currently one of the top three major legal systems in the world, its use and application in national courts has been slow. Nonetheless, there are still parties internationally that seek to have their disputes adjudicated under Sharia’ and a solution to this issue has been developing under the umbrella of Islamic arbitration or Tahkim. This module introduces you to and focuses on the development and use of Islamic arbitration. The dispute resolution processes in Islam are part of a larger Islamic legal framework known as Sharia, and this module will start with an introduction to these concepts. It will then consider the foundations of Sharia arbitration and compare it with the practice of international commercial arbitration. It is structured along the traditional anatomy used to study international commercial arbitration, such as reviewing the arbitration agreement, constitution of the tribunal, the procedure of arbitration, the form and content of the arbitral award and its recognition and enforcement. The module highlights the intricacies of sharia economic model and how that influences the jurisprudence of Sharia arbitration.

Optional B Modules

(40 credits)

RESEARCH METHODS FOR LAW

Code LAW-7001Y

Credits 20

Explore the various research methods for Law. Discover how to: identify relevant research questions; evaluate different research designs; recognise the most relevant sources of data; and present research to support the findings of your case. On completion of this module, you will be able to: - Identify relevant research questions within a given area, and formulate and operationalise (or, in the case of more ‘exploratory’ research designs, to identify) hypotheses for investigation - Evaluate different research designs and identify which of these are relevant to their chosen research questions and hypotheses - Identify which sources of data will be of assistance in the investigation of a particular research topic, and which techniques of data-gathering and analysis are appropriate - Write up a research project, and to organise skilfully and present the results of their research, to consider whether hypotheses are confirmed or falsified by the evidence and to consider, in either case, the reasons for the findings.

THE PROTECTION AND MANAGEMENT OF PRIVACY AND REPUTATION

Code LAW-7004B

Credits 20

In the intrusive, multi-faceted world that exists today, with 24/7 media and an ever-expanding internet, the potential for damage to reputation and interference with privacy has never been greater. This module focuses on the various ways in which the law protects rights to reputation and privacy and examines ways in which the law can be used to manage reputations in this complex world. You will focus on the law of defamation, the laws relating to the protection of privacy interests, and the developing interplay between law and technology. While the approach taken by English law will form a significant part of the module’s content, comparative study will also be made of the laws of America and other common law jurisdictions as well as the laws of the European Union and some specific European countries.

LAW OF THE WTO

Code LAW-7006A

Credits 20

The World Trade Organisation (WTO) and the General Agreement on Tariffs and Trade (GATT), which it administers, are central to the international law of trade in goods and services. This module will cover the legal rules and institutions of the WTO and the implementation of WTO obligations by members. It will pay particular attention to the institutions and governance of the WTO, its dispute settlement system, the principle of nondiscrimination in international trade under the GATT, and the ability of the WTO to cope with issues such as development, regionalism, and environmental protection. The module is particularly suitable for students taking the International Commercial Business Law and International Trade LLMs.

COMPARATIVE CORPORATE GOVERNANCE

Code LAW-7008A

Credits 20

This module examines the principal forms of corporate governance, control and regulation of the firm across countries. In particular, it introduces the key features of corporate governance and considers the legal relationship between directors, managers, and shareholders, including the contribution shareholder activism can make to improving corporate governance. The module also discusses the market for corporate control and the growing empirical research on comparative corporate governance. The overall purpose is to provide a theoretical and practical grasp of corporate governance, which can be useful for academic as all well as professional work in this field.

CURRENT ISSUES IN INTELLECTUAL PROPERTY LAW

Code LAW-7009B

Credits 20

This module will provide you with an in-depth look at a number of current issues in intellectual property and information technology law. The relevant issues will change each year, but issues will be drawn from a wide variety of topics. You will have an opportunity to consider how intellectual property law is challenged by these current issues and to analyse its responses and proposed responses. You will be expected to have taken either Globalisation of Intellectual Property Law or Internet Law and Governance in the Autumn Semester, or have demonstrated knowledge in either area. For students not taking the ITIP LLM admission to the module will be at the discretion of the module organiser, and previous knowledge may be required. Classes will involve a mixture of group presentations and tutor-led class discussion, in a 50/50 time split. The class (depending on size) will be divided into groups, and each group will be asked to research and make a 15 minute presentation on one aspect of a defined topic or for that week following a prescribed brief, relating to information technology and/or intellectual property. The presentations will be followed by feedback and further instruction from the module leader as necessary, and an open session for discussion.

CARRIAGE OF GOODS BY SEA AND MARINE INSURANCE

Code LAW-7010B

Credits 20

This module will provide you with a comprehensive introduction to the law and business of the carriage of goods by sea and marine insurance and is key to the International Trade Law masters. It examines carriage documents and their interaction, the general principles of carriage of goods by sea, carriage contracts in the form of charter parties and those evidenced by bills of lading. The module also explores international attempts at harmonisation in the area of international carriage and examines the operation of international carriage regimes (conventions) such as The Hague, Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules. The module also looks at certain key issues in the law of marine insurance such as the formation of the contract of insurance, the insurable interest, the duty of utmost good faith, warranties, subrogation, contribution and the assignment of interests in an insured policy.

GLOBALISATION OF INTELLECTUAL PROPERTY LAW

Code LAW-7011A

Credits 20

You’ll be provided with an introduction to intellectual property across the areas of trademarks, patents and copyright within the context globalisation and in light of the influence of new technologies. You’ll be provided with an understanding of the pervasiveness and importance of IPRs in the modern day along with a theoretical knowledge and critical understanding of the legal principles and theory in relation to different IPRs. The geographical focus will be Global, with some more detailed consideration of UK, US and European law where appropriate.

THE LAW OF ELECTRONIC COMMERCE

Code LAW-7015B

Credits 20

The law of electronic commerce is concerned both with the application of existing legal concepts (such as contract formation, taxation, liability and consumer protection) to electronic business and transactions, but also with the development of new legal instruments (at national level, within the EU and internationally) and electronic money to deal with the e-commerce sector. You will explore a range of statutory and judicial approaches, including online dispute resolution (ODR), and also consider the legal and commercial challenges of ‘doing business online’. The module involves some practical, problem-based activities, but also more general questions of international harmonisation.

INTERNATIONAL INVESTMENT AND ARBITRATION LAW

Code LAW-7016B

Credits 20

COMPARATIVE COMPANY LAW

Code LAW-7020B

Credits 20

Globalisation, democratisation of information, Europeisation and global competition have been partially responsible for a lot of fundamental changes in Company law and in the way Company law is intended around the world. This module will provide students with a sound understanding of these changes and of comparative Company law in general. This module provides an understanding of the basic concepts, principles, rules and procedures of modern company law in a globalised and international context. It is structured so as to enable students to see their own system of company law in a new and more meaningful light, and to be able to form new views about its future development alongside with the future of an international Company Law. It is designed to develop awareness of some of the aspects of company law, including ‘minimum capital’ and the legal standing of shareholders, directors and creditors around the world, and shall give an overview of the ways in which the various countries are developing their own Company Law within their boundaries, and how that influences the development of company law outside their boundaries. The module aims to do so by a review of the harmonisation programme in Europe, an international comparative study, and an illustration of empirical findings that show new ways in which corporate vehicles can be developed to meet particular policy objectives.

COMPARATIVE INTERNATIONAL SALES LAW

Code LAW-7022A

Credits 20

FOUNDATIONS OF INTERNATIONAL COMMERCIAL LAW

Code LAW-7033Y

Credits 40

EU TRADE LAW

Code LAW-7034B

Credits 20

This module provides an understanding of the fundamentals of European economic integration from a legal perspective. It focuses on essential aspects of the internal market (the free movement of goods, workers, services and freedom of establishment), as well as the structure of the EU (institutions and relations with Member States’ legal systems). In addition, the module teaches how to retrieve and work with the various sources of EU law. This module is not suitable for students who have already studied European Union law.

INTERNATIONAL CONSTRUCTION LAW AND DISPUTE RESOLUTION

Code LAW-7037B

Credits 20

LAW AND PRACTICE OF SHARIA' ARBITRATION (TAHKIM)

Code LAW-7038A

Credits 20

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Important Information

Whilst the University will make every effort to offer the modules listed, changes may sometimes be made arising from the annual monitoring and review of modules. Where this activity leads to significant change to a programme and modules, the University will endeavour to consult with affected students. The University may not be able to offer a module for reasons outside of its control, such as the illness of a member of staff. Availability of optional modules may be restricted owing to timetabling, lack of demand, or limited places. Where this is the case, you will be asked to make alternative module choices and you will be supported during this process.

Entry Requirements

Degree classification

UK Bachelors degree - 2.2 or equivalent

Degree subject

Law or related degree

Additional entry requirements

Applicants should normally have a good undergraduate degree in Law, or, exceptionally, in a related subject from a recognised higher education institution in the UK or overseas.

The Law School will also take into account the employment experience of applicants where relevant and encourages applications from those wishing to return to academic study to further their knowledge, or those planning to study for a degree while remaining in full-time employment.

Students for whom english is a foreign language

We welcome applications from students whose first language is not English. To ensure such students benefit from postgraduate study, we require evidence of proficiency in English. Our usual entry requirements are as follows:

IELTS: 6.0 (minimum 5.5 in only two components with 6.0 in the others)
PTE (Pearson): 64 (minimum 59 in only two components with 64 in the others)

Test dates should be within two years of the course start date.

Other tests, including Cambridge English exams and the Trinity Integrated Skills in English are also accepted by the university. The full list of accepted tests can be found here: Accepted English Language Tests

INTO University of East Anglia

If you do not meet the English requirements for this course, our partner INTO UEA run pre-sessional English courses which can be taken prior to the start of your course. For further information and to see if you qualify please contact intopre-sessional@uea.ac.uk