Module Database Search


Module Title
Dispute Resolution

Keywords
Types of dispute; Negotiation; Mediation; Arbitration; Litigation; Dispute resolution clauses in commercial contracts; Cross-border issues

ReferenceBS4296
SCQF LevelSCQF 10
SCQF Points15
ECTS Points7.5
CreatedApril 2003
ApprovedDecember 2012
AmendedAugust 2016
Version No.3


This Version is No Longer Current
The latest version of this module is available here
Prerequisites for Module

None, other than SCQF 10 entry requirements or equivalent.

Corequisite Modules

None.

Precluded Modules

None.

Aims of Module

To provide the student with an appreciation of the different vehicles and techniques available for resolving commercial and non-comercial disputes in the UK and abroad. To enable students to understand the factors that apply in choosing the most appropriate method in practice.

Learning Outcomes for Module

On completion of this module, students are expected to be able to:

1. Understand and evaluate the main formal dispute resolution processes used in the UK and elsewhere.
2. Consider and understand the specific issues arising in cross-border disputes.
3. Apply dispute resolution knowledge and understanding in practical situations.



Indicative Module Content

This module will deal with the main methods of dispute resolution available in the UK and elsewhere, in particular negotiation techniques, mediation, conciliation, arbitration, litigation, adjudication, expert determination and mini-trial; dispute avoidance tactics such as good contract drafting; anatomy of a good dispute resolution clause; standard form dispute resolution clauses; cross border dispute resolution and international private law.

Indicative Student Workload

Contact Hours

Full TimePart Time
Lectures/Tutorials
3636

Directed Study

  
Directed Study
8080

Private Study

  
Private Study
3434

Mode of Delivery

This is a lecture and seminar based module. Lectures provide core module content. Seminars develop associated higher level skills through student centred learning.

Assessment Plan

Learning Outcomes Assessed
Component 1 3
Component 2 1,2

Oral assignment worth 30% of the overall module grade. (C1)

Examination worth 70% of the overall module grade. (C2)

Indicative Bibliography

1.BORN, G.B., 2010. International arbitration and forum selection agreements: drafting and enforcing. 3rd ed. Netherlands: Kluwer Law International.
2.BROWN, H. and MARRIOT, A. 2012. ADR: principles and practice. 3rd ed. London: Sweet and Maxwell.
3.DAVIDSON, F., 2012. Arbitration. 2nd ed. Edinburgh: W. Green.
4.LEWICKI, R. et al., 2011. Essentials of negotiation. 5th ed. New York: McGraw-Hill/Irwin.
5.REDFERN, A. et al., 2015. Redfern & Hunter on international arbitration. 6th ed. Oxford: Oxford University Press.
6.ROBERTS, S. and PALMER, M., 2005. Dispute processes: ADR and the primary forms of dispute resolution. 2nd ed. Cambridge: Cambridge University Press.


 

Robert Gordon University, Garthdee House, Aberdeen, AB10 7QB, Scotland, UK: a Scottish charity, registration No. SC013781