30 credits
Level 5
First Term
This course is a selective and critical examination of company laws. A theoretical approach shall be taken based upon the general theory of comparative law developed by Zweigert and Kötz and the Watsonian theory of legal transplants. Key issues in comparative company law shall be examined using the theoretical framework of Hansmann and Kraakman with its particular focus on the agency problem. Specific topics shall include directors’ duties; the protection of minority shareholders and the limits of limited liability.
30 credits
Level 5
Second Term
This course focuses on the difficulties which can arise when the buyer and seller of goods are located in different legal systems: we examine the sources of International Trade Law and the legal issues arising for buyer and seller in an international sale of goods transaction. We consider how to minimise or avoid these difficulties in the following contexts: the Sale of Goods Act 1979 and the CISG; Incoterms and bills of lading; International Documentary Letters of Credit; dispute resolution by litigation and arbitration.
30 credits
Level 5
Second Term
The demand for international commercial arbitration has increased significantly over the last 20 years. Empirical surveys conducted consistently report figures that suggest around 60% of businesses prefer arbitration over other dispute resolution methods. Hence, it is becoming more and more important for law students to get acquainted with the international arbitration framework. This course explores the theoretical and practical underpinnings of arbitral law and provides students with a holistic view on different aspects of the arbitral procedure.
The main substantive topics are:
(1) Introduction to International Commercial Arbitration
(2) The Role of the Seat,
(3) Arbitration Agreement and Arbitral Jurisdiction,
(4) Applicable Substantive Law,
(5) The Arbitral Tribunal,
(6) Arbitral Procedure and Evidence,
(7) The Arbitral Award.
The topics have been chosen to give students a good knowledge of international commercial arbitration law. The teaching pattern comprises recorded lectures and seminars at which the above-mentioned topics are discussed in depth. Besides the essential reading for the lectures, students are provided with relevant case law and different scenarios/questions for discussion at seminars. The course also provides a lecture on the introduction to international commercial arbitration.
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