International Commercial Arbitration (Lacm17) Essay
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
International Commercial Arbitration (Lacm17) Essay
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
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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