In September 2012 ANC launched in Colombo the first in a series of one year LL M programmes offered by the Ealing Law School of the University of West London. The LLM in International Business and Commercial Law has already attracted over 20 students. Lectures are conducted by visiting UWL Faculty and local lecturers with [...]

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LLM International Investment and Arbitration Law

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In September 2012 ANC launched in Colombo the first in a series of one year LL M programmes offered by the Ealing Law School of the University of West London. The LLM in International Business and Commercial Law has already attracted over 20 students. Lectures are conducted by visiting UWL Faculty and local lecturers with specialist qualifications in the areas covered by the particular LL M.

From January and September 2013 ANC and UWL will offer additional Master of Law degree programmes. One will be the LL.M. in International Investment and Arbitration Law.

This LL. M., like the other three LL.M. programmes, offers appropriate experience for those looking for a career in the global economy within international corporations, investment banks, accounting firms, international law firms, international consultants, international fund management, employment agencies and Human Resources. The aim of the programmes is to produce students who have employment prospects within this range of international organisations and multinational corporations. Students will acquire the necessary knowledge and understanding of the legal regulations of international and national business and finance law.

Immediate Relevance to Sri Lanka

The LL.M. in International Investment and Arbitration Law is particularly timely for Sri Lankan lawyers and senior managers. With the dawn of peace, Sri Lanka is well positioned to attract foreign investments. The drafting of foreign venture agreements and negotiations demand special skills. An exposure to international developments and trends in other jurisdictions will considerably enhance the ability to be able to effectively deal with foreign investors.

Increasingly, attention is being focused on the possibility of using arbitration for dispute resolution instead of instituting legal actions in courts of law. Parties tend to be disillusioned by protracted litigation- an all too ubiquitous a problem. Some countries such as China and Sri Lanka have now set up state-of-the-art arbitration centres which can be accessed by parties in any part of the world. The Hon’ble Minister of Justice has taken the initiative to set up a similar centre in Sri Lanka and work has already commenced at the World Trade Centre. With the setting up of the centre there will be an increasing demand for lawyers and others who have specialized in international arbitration and mediation law.

Teaching Modality

Each course is taught through a combination of lectures, tutorials, seminars, small group sessions, practical experience and workshops. These will have an emphasis on developing the skills which are both generic and legal to apply principles to issues which will serve students in all aspects of their future careers.

Two modules will be taught each week, over three hours of teaching time, and in addition, students will complete a 15,000 word Dissertation, which will be supported by a Research Methodology module.

Course content

The LLM in International Investment and Arbitration Law covers substantive rules and principles of treatment of foreign investors by foreign governments and the various forms of dispute resolution available for investment and commercial disputes.

There are two specialist modules for LLM in International Investment and Arbitration Law:

International Public Law

International Public Law module aims at providing understanding of the basic concepts, rules and principles of international public law. The module will cover evolution of international public law and international legal order, sources of public international law as well as its main actors. The module will deal with key international organizations, their rule making and political significance. It will also equip students with treaty interpretation skills as well as understanding of the role international public law can play in domestic context.

International Investment Law

International Investment Law module provides an essential framework for understanding the nature and functioning of the law which governs foreign investments. The module will identify key principles and rules which relate to rights and obligations of host states and investors, main sources of regulation, key actors and dispute resolution procedures. It will also explore various problems related to doing business in developing and transition economies and remedies available to foreign investors. The module will also touch upon relevant rules of international public law and domestic commercial law. The students will also acquire new practical skills which would enable them to confidently apply international investment law in their careers.

All the LL. M. programmes have certain common modules:

Research Methodology

All students will take Research Methodology for the first semester and be expected to start the dissertation which will be submitted at the end of the course. This module is designed to enable students to undertake research at postgraduate level. It will enable students to write a research proposal that will eventually underpin the dissertation that they will write.  The module is divided into four parts.
The Research Methodology module is taught through a blended mix of taught and online lectures, practical case studies and seminars.  It is taught over one semester as a single module.  The assessment is designed so as to test both breadth and depth of knowledge in legal and related areas

International Commercial Law

The module is a study of the law of international business from an international perspective. It will identify key characteristics of doing business in an international environment, main sources of regulation, key concepts of contract and corporate law. The students will also be introduced to mechanisms available for resolution of business disputes.

It will also explore the concepts of corporate social responsibility and particularities of doing business in developing countries. The module will also touch on the laws of other common law and civil law jurisdictions. This will give student a critical comparative law approach to international commercial law.

International Arbitration

The aim of this module is to enable students to understand theory and practice of international commercial arbitration and mediation. Students will develop understanding of the main principles of both international commercial arbitration and mediation, and how these methods of dispute resolution contribute to international commerce.

The module will also focus issues such as corruption and corporate governance in the context of dispute resolution. Students will develop skills and critical appreciation of international commercial arbitration and mediation. In particular, the students will participate in a series of workshops involving simulated transactions and hearings where they will both learn and display the practical skills required as practitioners.

Dissertation

All students undertake a dissertation on a topic of their choice, albeit related to their specialist LLM programme of study, submitting a 15,000 word dissertation at the conclusion of the course.

Entry criteria

A good undergraduate degree or equivalent professional qualification with appropriate law content. Students with three years’ legal or relevant commercial work experience will also be considered subject to interviews. Applicants with extensive work experience will be considered on a case by case basis.

Assessments

All taught modules will include a formative assessment, which will not count towards the final module mark. The two summative assessments will be one piece of coursework and an end of semester examination. ‘Summative’ means that the marks achieved will count towards the final module mark. For further details contact ANC or call 0777 449966 – Dr Dayanath Jayasuriya P.C.




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