Coursework assignment:( International Commercial Arbitration )
Immebelieur Suisse SA (hereinafter ISSA) is a property development company with its headquarters in Geneva, Switzerland.
Berlitz Baumhauser Gmbh (hereinafter Berlitz) is a construction company with its headquarters in Berlin, Germany.
ISSA decides to enter into an agreement with Berlitz under which Berlitz will serve as the general contractor for the construction of an A1 commercial building in Mayfair, London that ISSA would like to add to its property portfolio. The overall cost of the project is £1.3 billion. Neither ISSA nor Berlitz have previously done business in the United Kingdom. In the final stages of agreeing the last issues in the contract for the project, the parties wish to add an arbitration clause in the case of any potential disputes.
Part 1: Draft an arbitration clause that is acceptable to both ISSA and Berlitz.
Part 2: Comprehensively explain each of the terms of the arbitration clause and critically discuss why you have selected each of these terms.
Do not Include an Introduction or conclusion just state the clause and discuss the factors that essential for a competent Arbitration Agreement in relevant to the clause:
-Seat of Arbitration.
-Fees, confidentiality, Language and Arbitratos.
– Substantive Law, technical expertise .
– Med- Arb other forms of DR.
– Writing, institutional or Ad hoc, Length of processing.
You can choose institutional clause. You need to use Arbitration Language and Time limit.
Purpose of the Assignment: The purpose of the assignment is to require you to critically analyse a legal problem and to engage in critical thinking to identify creative solutions. The coursework is designed to examine your ability to critically and comprehensively analyse the course work question to identify creative, innovative and effective approaches to minimise economic and reputational harm.
0-39% – An inaccurate account of the principles of law with many omissions of basic areas. A poor and/or no application of the law to the problem.
40-49% – A basic understanding of the principles of law with some inaccuracies and omissions; an attempt at application to the problem.
50-59% – An accurate statement of the law with minor inaccuracies and/or omissions with a sound analysis and application to the problem.
60-69% – An accurate and comprehensive statement of the law with a critical analysis and application to the problem. Critical comment on the principles showing evidence of a wide understanding of the literature together with a critical understanding of the relevance of legal principles in a business context.
70%+ – An accurate and comprehensive statement of the law with a critical analysis and application to the problem. Critical comment on the principles together with a critical understanding of the relevance of legal principles in a business context. Clear evidence of a understanding of the relevance of legal principles in a business context. Clear evidence of a wide literature search with attempts at original and valuable comment in either a legal or business context.
Use ( The Principles and Practice of International commercial Arbitration, by Margaret L. Moses )
Do not use Wikipedia, it is not an authoritative legal source. You are likely to fail this coursework by using it.
you must use footnotes. Any text included in footnotes will not be considered in your assessment; all your analysis must be included in the 1,500 word limit.
(Please note: Quotations do not count in your word limit, nor do footnotes, the title page, an executive summary (which is not required but may be included) and the bibliography. For referencing your authority.
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