International and Commercial Dispute Resolution Law LLM

The module explores the range of topics and issues within the field of conflict prevention and dispute resolution for the attainment of international, municipal, public and private peaceful societies by peaceful processes.  The module covers non-legal and legal factors including risk, decision-making and justice.

The dissertation module allows and supports extended independent, scholarly research of a topic chosen by the student within the field of international and commercial dispute resolution. While primarily involving independent study, the module incorporates seminars that introduce students to research methods and support them in the development of an appropriate and feasible research proposal. The research topic must be agreed between the student and supervisor and must not replicate research covered in other assessments for the award of the degree.

You will be introduced to the study of comparative international commercial arbitration (excluding international arbitration between sovereign states and non-sovereign entities in the context of cross-border direct investment). You will examine the law and practice of international arbitration in the major arbitration centres of the world, and explore how different legal systems, and arbitrators from different legal cultures interact in the course of resolution of commercial disputes by arbitration.

This module introduces you to the study of public international arbitration between sovereign states and non-sovereign entities, such as companies, in the context of cross-border direct investment. You will examine the investment and disinvestment relationships between disputing parties (State and private) and the nature, function and interpretation of foreign investment instruments. You will also explore the relationship between international law and municipal investment laws, and tribunals and awards.

You will be introduced to the study of international commercial arbitration from the perspective of the English jurisdiction as an exemplar of an international centre for commercial arbitration. The aim is to include four pairs of overlapping relationships: between parties and tribunals; between parties and courts; between tribunals and courts; and between England and foreign fora. There will be focus, inter alia, on the ICC (institutional arbitration) and the New York Convention.

This module provides a postgraduate introduction to the study of several facets of the global phenomenon of the multinational corporate entity and the foreign direct investment carried out by those cross-border corporate entities. The module includes the exploration of direct investment from home States into host States, and the treatment and regulation of multinational corporations –especially companies within such groups – by home and host States in the contexts of municipal law and international law. This includes, inter alia, claims by involuntary creditors, the role of creditor-proofing, and adjudication of disputes in municipal courts. The predominant focus is on the internal and external relationships of cross-border corporate groups in relation to their foreign direct investment activities.

This module will introduce you to the development of the modes and culture of mediation as a dispute resolution process, in the context of both commercial and other disputes, with a detailed analysis of the anthropological growth of mediation practice, mediation theory and current and possible future trends. You will become familiar with the conceptual, legal and practical frameworks for mediation, identify the various forms in which mediation is used as a method of dispute resolution both in the UK and internationally, develop basic mediation skills, appreciate the roles of the various attendees and participants in mediation processes, and acquire communication and other skills particularly useful in the mediation context. In particular, the course will aim to equip you with a thorough appreciation of the different contexts in which mediation is now successfully applied, and current mediation practice across various legal, social and political spheres.

The aim of this module is to introduce the study and practice of negotiation in the contexts of international and municipal commerce, international affairs and international law, examining inter alia issues arising out of conflicts and disputes in those contexts. Among the areas covered are the relationships between pairs of negotiators; negotiators and the law; negotiators and ambient cultures; and theories and practices of negotiation.

This module offers you an opportunity to evaluate and examine critically the law governing the international sale contract. The module will introduce you to the intricacies of international sale transactions, especially, the content of the contract of international sale, the use of standard trade terms (such as the Incoterms, or the FOB and CIF standard terms); and the rights and remedies, available to the parties. You will examine critically the legal implications of international sale transactions with respect to the use of common trade terms, the relevance of the Sale of Goods Act 1979 and the role of documents in certain contracts. Areas of reform and change in the context of the move to harmonise or standardise trade law will also be examined. The relative success of the United Nation Convention on Contracts for the International Sale of Goods will be critically assessed.

Through the study of this module, you will attain an in-depth understanding of legal and regulatory tools utilised to combat financial crimes within and beyond the UK. The module examines the practices of combatting contemporary financial crimes, the actors involved, the role of gatekeepers and regulators. You will be introduced to comparative methods in dealing with complex problems affecting multinational corporations, governments, non-government institutions and actors in financial markets, commercial and trade environments. Specific mention is made of corruption and its effects, as well as the opportunities for evasion of tax and money laundering prohibitions offered by cryptocurrencies.

This module examines the various techniques and institutions available in international law for resolving disputes between states. The module examines diplomatic means of dispute settlement, including negotiation and mediation. It then examines in detail legal means of dispute settlement: arbitration and adjudication. Throughout, the module refers to specific past and pending cases and disputes. Special emphasis will be on the law, practice and procedure of the International Court of Justice, with comparative reference to other international courts as appropriate. The course considers the implications of the availability of alternative mechanisms for the resolution of inter-state disputes, and the range of international courts and tribunals that now exist.

This module examines emerging modes of normativity at the intersection of law and blockchain technology. Environmental and political crises paired with the disruptive power of blockchain technology (and the potential of web3.0 more generally) opened a new frontier of governance. This frontier is characterised by a move away from centralised structures towards decentralised networks, and from traditional public institutions to a proliferation of private actors. Consequently, it necessitates a re-evaluation of the interplay between market forces and state authority, giving rise to novel hybrid models and alternative approaches.

Throughout this module, we will meticulously examine these global and local developments, delving into concepts such as network states, the emergence of startup cities, the intricacies of jurisdictional design, innovative ReFi (regenerative finance) models, the functioning of DAOs (decentralised autonomous organisations), the emergence of blockchain-based climate commons, and the dynamics within metaverse communities. Additionally, we will critically analyse the economic, political, and societal motivations underpinning these emerging normativities, providing insight into the forces shaping their trajectory.

Cross-border data transfers are vital for all sectors, driving innovation in technologies such as AI. However, the widespread exchange of data has raised concerns, leading to a decline in trust among citizens, businesses, and governments. This module explores the landscape of policies and regulations concerning cross-border data flows and the challenges related to data privacy protection, law enforcement, and digital industrial policies. Additionally, it examines the interests and policies informing data innovation and their role in fostering trust in cross-border data sharing.