SUMMATIVE ASSESSMENT
Module title:
Commercial Arbitration
(Problem Question)
Module credit weighting:
30 credits
Module code:
CLT621
Year of assessment:
Semester 2 2016/17
Assessment value of this piece:
50%
Word limit
(to exclude footnotes, references and bibliography)
2,500 words Problem Question
Submission date:
Tuesday 02 May 2017 at 1.00 pm (13.00) GMT/BST (to exclude footnotes, references and bibliography).
General information:
Work is to be typewritten and must include an accurate word count and bibliography.
Refer to the student handbook on Learning Central for further rules on essay presentation.
It is expected that the answers to the following questions will necessitate private research and reading beyond the material listed on the seminar sheets.
Instructions to students:
Please read the following essay titles carefully. Failure to properly address the question in the exact terms in which it is set may lead to a fail mark.
Please answer ONE question.
Method of submission:
Online via the submission function for this module on Learning Central
Work submitted in hard copy or via email will not be accepted.
Format of Submission:
Work must be submitted in PDF format.
INTERNATIONAL COMMERCIAL ARBITRATION
COURSE WORK
2016-2017
PROBLEM QUESTION
Mylder, a German company, entered into a five-year licence deal with Syave, a Brazilian company, in relation to a software product called ‘Tymblr’. The parties orally agreed at a meeting in New York that the contract would be on Mylder’s standard terms of contract. Those terms included an arbitration clause, specifying ICC arbitration in Geneva.
After a few months, Syave claimed that Mylder had seriously misrepresented some features of Tymblr, with the result that the profits to be made out of the licence were much lower than it had anticipated. It gave notice that it was avoiding[1] the contract and ceased to pay the licence fee.
Mylder referred the dispute to arbitration. Syave participated in the arbitration but consistently maintained that it was not bound by the arbitration clause on the grounds that (i) the agreement between Mylder and Syave was not ‘in writing’ as required by the New York Convention 1958, and (ii) the contract containing the clause had anyway been avoided. The ICC established a tribunal with three arbitrators, appointing Professor Wanda Ring as chair. The tribunal issued an award in favour of Mylder, in the amount of $ 5 million. The tribunal specifically addressed the question of its competence, and concluded that there was a valid and binding arbitration agreement. Mylder is now seeking to enforce the award in England, where it has obtained a freezing order to prevent the dissipation of Syave’s assets.
Syave has meanwhile been doing some investigation of Professor Ring and has discovered that her brother-in-law is a partner in the law firm representing Mylder.
Advise Syave as to the further defensive steps it might take in this dispute.
[1] Under English law misrepresentation makes a contract ‘voidable’. It can, in principle, be terminated on notice and treated as though it had never existed. This problem question assumes that any other law that might potentially apply to the contract adopts the same approach.
Our Service Charter
-
Excellent Quality / 100% Plagiarism-Free
We employ a number of measures to ensure top quality essays. The papers go through a system of quality control prior to delivery. We run plagiarism checks on each paper to ensure that they will be 100% plagiarism-free. So, only clean copies hit customers’ emails. We also never resell the papers completed by our writers. So, once it is checked using a plagiarism checker, the paper will be unique. Speaking of the academic writing standards, we will stick to the assignment brief given by the customer and assign the perfect writer. By saying “the perfect writer” we mean the one having an academic degree in the customer’s study field and positive feedback from other customers. -
Free Revisions
We keep the quality bar of all papers high. But in case you need some extra brilliance to the paper, here’s what to do. First of all, you can choose a top writer. It means that we will assign an expert with a degree in your subject. And secondly, you can rely on our editing services. Our editors will revise your papers, checking whether or not they comply with high standards of academic writing. In addition, editing entails adjusting content if it’s off the topic, adding more sources, refining the language style, and making sure the referencing style is followed. -
Confidentiality / 100% No Disclosure
We make sure that clients’ personal data remains confidential and is not exploited for any purposes beyond those related to our services. We only ask you to provide us with the information that is required to produce the paper according to your writing needs. Please note that the payment info is protected as well. Feel free to refer to the support team for more information about our payment methods. The fact that you used our service is kept secret due to the advanced security standards. So, you can be sure that no one will find out that you got a paper from our writing service. -
Money Back Guarantee
If the writer doesn’t address all the questions on your assignment brief or the delivered paper appears to be off the topic, you can ask for a refund. Or, if it is applicable, you can opt in for free revision within 14-30 days, depending on your paper’s length. The revision or refund request should be sent within 14 days after delivery. The customer gets 100% money-back in case they haven't downloaded the paper. All approved refunds will be returned to the customer’s credit card or Bonus Balance in a form of store credit. Take a note that we will send an extra compensation if the customers goes with a store credit. -
24/7 Customer Support
We have a support team working 24/7 ready to give your issue concerning the order their immediate attention. If you have any questions about the ordering process, communication with the writer, payment options, feel free to join live chat. Be sure to get a fast response. They can also give you the exact price quote, taking into account the timing, desired academic level of the paper, and the number of pages.