International Commercial Arbitration (Lacm17) Essay Assignment Help

International Commercial Arbitration (Lacm17) Essay Assignment Help

Information and Guidelines

This assessment counts for 25% of the final mark in the course.

Students must provide a reasoned answer to the question attached. The examiners are looking for a clear reasoned analysis and where appropriate some imagination. Credit will be given for the accurate identification of the legal problems and for the suggestion of plausible and creative solutions, provided always that they are supported by reasoned arguments and legal authorities. No marks will be awarded for repeating in your answer the essay question/facts given in the problem.

It is a serious academic offence to plagiarize the work of another author, including another student. Your coursework will be checked for plagiarism by “Turnitin” (Plagiarism Detection Software). Quotations from legal sources must be clearly attributed in footnotes. Students who commit such offences will be subject to disciplinary proceedings

Your coursework must not be more than 2.500 words. At the end, you must state the number of words. Exceeding the word limit (apart from cases where a de minimis rule applies) will result in a deduction from your mark. The precise deduction will be determined according to College/University Regulations. Stating the word limit inaccurately will be treated as an attempt to gain unfair advantage and disciplinary measures will be applied.

The coursework question will be made available on 10 May 2019 at 9.00 am through the relevant module on the LLM Blackboard site.

You must submit an electronic copy of your coursework answer to the relevant module on the LLM Blackboard site. The deadline for submission is 4.30 pm on 10 May 2019. You should number all pages

Students whose failure to submit was due to extenuating circumstances must submit a Deferral Form to the Shipping and Trade Law Assessment and Progression Committee. The form must be submitted either in advance of the submission date or within 5 days of the submission date of the short-term coursework in question. Please remember that a student claiming that his/her work was affected by extenuating circumstances will be expected to submit relevant evidence, e.g. medical certificates, to support his/her case. Students whose extenuating circumstances are accepted as valid will be permitted one further attempt to undertake and submit the short-term coursework. This might occur after the examination period in May/June and in some cases during the period of re-sit examinations in August/September.

It is your responsibility to ensure that your coursework is complete and checked prior to submission. Once your coursework is submitted, you will not be permitted to access it again until it is returned following marking.

Watch the video ‘KEEP CALM AND TURNITIN’ on Blackboard (left-hand corner) on how to submit your work electronically via Turnitin. Please name the file in your electronic submission via Turnitin by only using your student number, not your name and surname.

THE QUESTION STARTS ON THE NEXT PAGE

A contract for the sale of goods governed by English law between Swansea plc as a buyer (having its principal place of business at Swansea) and Antwerp plc as a seller (having its principal place of business at Antwerp, Belgium) contains the following arbitration clause:

 

“All disputes arising under this contract shall be referred to the final and binding decision of a tribunal of three arbitrators sitting in London.”

 

Although Antwerp plc delivered the goods to Swansea plc on time, some of the goods were found to be defective and Antwerp plc refused to replace them. Swansea plc considers starting arbitration against Antwerp plc for breach of contract. However, Antwerp plc argues that the sale contract was the result of the bribing of its Vice President of Sales and, as such, the contract is void for reasons of illegality.

 

The in-house legal counsel of Swansea plc has requested your legal advice on the following related questions:

 

Considering that Antwerp plc argues that the contract of sale is void for illegality, do the arbitrators have jurisdiction to decide the case?

If Antwerp plc refuses to participate in the appointment of the arbitrators what remedies are available to Swansea plc?

If Antwerp plc starts proceedings against Swansea plc before the High Court in London, what are the options of Swansea plc to enforce the arbitration agreement?

If Antwerp plc does not participate in the arbitration, can it still challenge the final award of the arbitrators under ss. 67 and 69 of the Arbitration Act 1996?

END OF QUESTION

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