Module code: LAW7036-B
This module will deconstruct the process of dispute resolution in the national and international domains. The principles that lay the foundations of the various forms of Alternative (or appropriate) Dispute Resolution (ADR) will be covered. Once a thorough understanding is achieved specific focus will be placed on instances where ADR, litigation and the conflict of laws have arisen in a practical context. This module aims to provide an understanding of the legal challenges and the key issues regarding international commercial dispute resolution. Students will develop a critical understanding of the interaction between the commercial environment and the legal and regulatory frameworks in which disputes are resolved.
1. An introduction and rationale in relation to the main themes behind Alternative (or appropriate) Dispute Resolution (ADR) will be provided. Comparative study of the international context and subsequent application will be undertaken with focus being placed on areas such as jurisdiction, choice of law, forum shopping, enforceability and recognition. 2. Analysis a range of current legal issues in international dispute resolution including the growing field of online dispute resolution. 3. The limitations of civil litigation and the concepts of restorative justice. Negotiation, collaboration ethics and Mediation.
Download the PDF for Commercial Dispute Resolution