Posted: December 7th, 2014

International Commercial Arbitration [1 DIS 7A5]

require footnote,oxford style.. answers should separate out of 3 parts
For example
Section A..
Introduction of the issue
issue..1
issue..2
conclusion
Section B
introduction
-issue..1
issue..2
Section C
analysis and identify similarities and discrepancies and discuss why

International Commercial Arbitration [1 DIS 7A5]
Original Essay Question

(A)   Even though an arbitral tribunal might have jurisdiction to sit in England, nevertheless the tribunal cannot proceed with the arbitration in England where the nature of the dispute excludes –or the nature of the disputes exclude– the tribunal from reaching an Award or Awards.    Please examine and discuss this proposition stating, inter alia, whether or not you agree with all or part of the proposition, and why.

(B)  Chandler, Lynx & Co Ltd, (CLCL – a company incorporated in Canada) has reached impasse with its supplier, GenUnLic Inc. (GUL – a company incorporated in North Korea) over the provision of biological materials to CLCL for laboratory experimentation.  The agreement between the two companies was made in January 2011 (the Agreement).  One of the clauses in the Agreement is as follows:

“All disputes and differences arising out of or in any way connected with this agreement
shall be submitted to arbitration.  Service of all documents prior to or during the course of
the arbitration  proceedings shall be in conformity with section 76 Arbitration Act 1996.
Each party shall appoint an arbitrator and the two arbitrators so appointed shall appoint a
Chairman or Chairwoman.  English law shall apply to all substantive disputes.”

CLCL served notice on GUL on 24 August 2014; and CLCL appointed Genevieve Travers as its arbitrator.  Nothing was heard from GUL until 15 September when GUL advised CLCL that it, GUL, would not be taking part in the arbitration.  The reasons given were that the tribunal could not take jurisdiction over GUL because (1) GUL is a company which is wholly owned by the State; (2) the biological materials are taken from political prisoners who are tortured whilst specimens are extracted for use in CLCL’s laboratory experiments; and (3) neither GUL nor its sovereign owners recognise arbitration held outside its own territory.

The Managing Director of CLCL is extremely anxious about this turn of events, in particular because CLCL’s claim against GUL is for breach of contract which has been part-performed by CLCL in that CLCL has advanced significant amounts of money to GUL and has not received the agreed biological materials.

You are asked to advise the Managing Director who is determined that there shall be an arbitration and that the tribunal shall issue an Award in favour of CLCL.  Please advise on all issues arising.

(C)  Please analyse, compare and contrast the relationship between the issues raised in Part A
and the issues raised in Part B: identifying the similarities and discrepancies between the
issues in Part A and the issues in Part B, and commenting on why you think that there are
those similarities and discrepancies between Part A and Part B.  For example, does the Part A
question raise exactly the same issues as the Part B question, or is Part A broader or narrower
than Part B – if so in what way or ways?

Parts (A) (B) and (C) above comprise the whole question.

This assessment carries 30% of the total marks for the module.

1.   You are required to respond to the whole question by preparing a single, coherent essay
which is 1,500 words in length (+ / – 10%).

2.   Although marks are not awarded separately for each of the three parts, your overall
mark for this essay will be seriously reduced if you fail to answer each part effectively.

3.   Please use one side only of each sheet of paper.

4.   Please remember to number the pages.

5.   Please use double line spacing for the body of the essay and single line spacing for
footnotes and bibliography.

6.   The essay must be researched, written-up and presented in Times New
Roman, font size 12; with 1.5 spacing; and with standard margins (2.54cms top and
bottom, and 2.54cms left and right).

7.   Please remember to use footnotes, and to include a bibliography at the end of your
essay.

8.   Please state at the end of the bibliography the number of words used.  Unless there is a
misuse of the footnote system, the word count does not include footnotes; and the word
count does not include the bibliography.

9.   The assessment criteria are set out in the Student Handbook.

10. You are advised to formulate your own opinions in response to the essay questions; to
reference every statement of fact, law, and opinion which you use in your essay; and to
provide full citations for every reference you make.

11. This assessment is subject to the submission requirements and to the Turnitin
plagiarism detection procedures which are explained below.

WARNING REGARDING PLAGIARISM

SUBMISSION REQUIREMENTS AND ADVICE

You are required to submit your essay in the following two formats: (1) as a word-processed essay to the module leader by e-mail; and (2) electronically to Turnitin.  In each case, submission must be BEFORE the date and time given above on page 1.

You MUST submit precisely the same version of your essay to the Module Leader and to Turnitin.
It is imperative that you submit the correct version of your essay first time.  It is not possible to recover your essay once submission has been completed either to the Module Leader or to Turnitin.  You must, therefore, adopt effective project management techniques – including backups – from the outset.

Turnitin instructions
Once you have submitted your essay electronically, you will receive confirmation of submission from the Turnitin service (which you should print and keep).  The outline instructions for electronic submission to the Turnitin service are given below.

1)  If you are an existing JISC user go to:    www.submit.ac.uk
2)  If you are a new user of JISC go to:    http://submit.ac.uk/newuser_type.asp
3)  Login to JISC PDS
4)  Create a User Profile
5)   The class name is:    LLM International Commercial Arbitration 2014-15
6)  The class ID is:    2779899
7)  The enrolment password is:    Lancaster
8)  The assignment title is:    ICA Original Essay Question – semester 1
9)  JISC PDS accepts documents created in  MS Word, RTF, PDF, and HTML formats

There is a student User Manual available on JISC once you have reached the www.submit.ac.uk site.

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