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International Business Law

LAW506

Course CodeLAW506
ECTS

Course Description

The development of the internet has made it easier for purchases of goods and services to be carried out internationally. This module will equip you with the knowledge around purchasing goods at national and international level. You will also investigate how goods are shipped and rights and responsibilities of parties relating to international business and where liabilities fall if there is a dispute.

Course Objectives

The development of the internet has made it easier for purchases of goods and services to be carried out internationally. This module will equip you with the knowledge around purchasing goods at national and international level. You will also investigate how goods are shipped and rights and responsibilities of parties relating to international business and where liabilities fall if there is a dispute.

Key Topics

  1. LO1: Understand the key concepts and principles of the law of sale of goods.
  2. LO2: Understand the different types of international sales contracts.
  3. LO3: Understand the rules on international arbitration and various alternative dispute mechanisms.

Course Outline

WeekTopics
1Sale of Goods Act 1979: scope, implied terms and amendments
2Passing of property (s18 rules) and risk (s20); frustration and unascertained goods
3Retention of title clauses: Romalpa and later cases
4Shorthand standard-form international sale contracts and their modification by the parties
5Harmonisation: INCOTERMS, the ICC and the Vienna Convention 1980 (CISG)
6Ex Works, Ex ship, FOB, CIF and Delivered Duty Paid contracts
7Rights of rejection under CIF contracts: Kwei Tek Chao v British Traders
MidtermMidterm evaluation
9Law governing the contract and the arbitral agreement: Arbitration Act 1996 s46, LCIA, ICC and UNCITRAL rules
10Enforcing and challenging awards: New York Convention 1958, reasoned awards
11Mediation (facilitative and evaluative, CEDR) and conciliation (UNCITRAL Model Law, EU Directive 2008/52/EC)
12Applying International Business Law in practice: case studies
13Assignment workshop: research, planning and referencing
14Assignment workshop: drafting, feedback and improvement
15Review and coursework completion
FinalFinal assessment and submission

Learning Outcomes

  1. LO1 Understand the key concepts and principles of the law of sale of goods.
  2. 1.1 Discuss the Sale of Goods Act 1979, where it applies, and the amendments made by subsequent legislation.
  3. 1.2 Explain the law surrounding passing of property and risk and when property passes; understand when frustration may apply to goods.
  4. 1.3 Understand the rules of frustration.
  5. 1.4 Define retention of title clauses.
  6. LO2 Understand the different types of international sales contracts.
  7. 2.1 Explain common forms of international sale contracts.
  8. 2.2 Analyse the rules around international contracts and understand the need for harmonisation and INCOTERMS/ICC.
  9. 2.3 Evaluate the principles of main examples of international contracts, including Cost, Insurance, Freight (CIF), Free On Board (FOB), Ex ship and Ex Works.
  10. 2.4 Define where transfer of property and risk take place in international contracts.
  11. 2.5 Discuss how rights of rejection affect CIF.
  12. LO3 Understand the rules on international arbitration and various alternative dispute mechanisms.
  13. 3.1 Explain the law governing the contract/substantive dispute.
  14. 3.2 Analyse the law governing the arbitral agreement and arbitral process.
  15. 3.3 Discuss the law governing the enforcement of the award.
  16. 3.4 Analyse the concept and rules surrounding Mediation.
  17. 3.5 Define Conciliation and how it adapts principles of mediation.
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