5BUCL002W ALTERNATIVES TO LITIGATION-COURSEWORK               

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 and to critically and comprehensively analyze the coursework question to identify creative, innovative, and effective approaches to minimize economic and reputational harm.

Note on research: The strength of the course work will depend on the quality and level of research that support its analysis.

Facts:

Rada and Co. (RC) sells luxury fashion products in the UK including a range of very expensive fine watches. The watches are Swiss-made and are manufactured by Blanc              Mont (BM) in Zermatt (Switzerland). The watch-making process is very time consuming and involves the construction of small parts by hand and sometime these can lead to a long turn-around time.

RC conducts all its business in Germany and BM conducts all its business in French.

RC and BM wish to enter into a contract under which BM will exclusively supply watch model BM 10001 to RC and that too on a sale or return basis. The estimated value of this agreement is estimated to be around 5million pounds.

RC has suggested that an arbitration clause, with the appropriate elements, be included into the contract in case there are any disputes. BM agrees that this sounds like a good idea.

Tasks:

Part 1: Draft an arbitration clause that you believe will be acceptable to both RC an BM in the event of a dispute. Ensure that it protects both their interests.

Part 2: Analyse the arbitration clause and critically explore the elements that you have included within it.

Alternatives to Litigation-Coursework Guidance

Length 1000 words (plus or minus 10%) (Including bibliography and footnotes).

Sources A bibliography must be given at the end and any other sources acknowledged.