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Course Information Package

Course Unit TitleDISPUTE RESOLUTION
Course Unit CodeDLMLSB505
Course Unit DetailsMA/LLM Maritime Law and Shipping Management (DL) (Required Courses) -
Number of ECTS credits allocated8
Learning Outcomes of the course unitBy the end of the course, the students should be able to:
  1. Critically consider the international regulations relating to the issues of jurisdiction
  2. Critically reflect the principles and stages of negotiation, mediation and arbitration.
  3. Crystallise on the importance of concluding to a just and viable agreement, separating thus facts, real intentions from misrepresentations and wishful thinking.
  4. Familiarise with the basic principles and techniques in negotiation
  5. Understand the purpose and meaning of Mediation
  6. Familiarise with Mediation techniques
  7. Formulate substantiated idea about the use of commercial mediation for shipping cases
  8. Understand with the basic legal principles of International Commercial Arbitration with special reference to shipping cases
Mode of DeliveryFace-to-face
PrerequisitesNONECo-requisitesNONE
Recommended optional program componentsNONE
Course Contents
• The international regulations relating to the issues of jurisdiction: Who is entitled to sue, where will be the competent court that will hear the case and what will be the applicable law.
• Forging a good deal: Getting to Yes.
• The importance of concluding to a good and viable agreement. Separating facts, real intentions from misrepresentations.
• The cooperative and amicable games in pre-contractual stage, during the implementation stage and when a dispute arises. 
• The Basic Negotiation Methods
• The principles of Commercial Mediation
• The International Commercial Arbitration, with reference to shipping and finance cases
Recommended and/or required reading:
Textbooks
  • Andrews N., Three Paths of Justice: Court Proceedings, Arbitration and Mediation in England (Springer, Dordrecht Heidelberg London NY, 2012)
  • Bantekas I., An Introduction to International Arbitration (Cambridge University Press, Cambridge University Press, Cambridge New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Delhi Dubai Tokyo, 2015)
  • Baughen S., Shipping Law (Routledge, London & New York, 6th edition, 2015)
  • Boulle L., Nesic M., Mediator Skills and Techniques: Triangle of Influence (Bloomsberry Professional, 2010)
  • Brams S., Negotiation Games : Applying game theory to bargaining and arbitration (Routledge, London NY, 2nd edition 2003)
  • Briggs A., Conflict of Laws (Oxford University Press, Oxford, 3rd edition 2013)
  • Clark B., Lawyers and Mediation (Springer Heidelberg New York Dordrecht London, 2012)
  • Cohen H., You can negotiate everything (Bantam Books, NY Toronto Sydney Auckland, 1980)
  • Fisher R., Ury W., Patton B. (ed.), Getting to YES: Negotiating an agreement without giving in (Penguin Random House Business Books, 2nd updated revised edition, 2012).
  • Gates H., The Negotiation Book (Capstone 2nd edition 2016)
  • Gelfand M., Brett J. (eds), The Handbook of Negotiation and Culture (Stanford Business Books, Stanford California, 2004)
  • Hartley T., International Commercial Litigation: Text, Cases and Materials on Private International Law (Cambridge University Press, Cambridge NY Melbourne Madrid Cape Town Singapore São Paulo, 2007)
  • Hjalmarsson J., Baatz Y. (ed.), Maritime Law (Informa Law from Routledge, Oxford, 3rd edition, 2014 )
  • Mandaraka Sheppard A., Modern Maritime Law vol. I & II, (Routledge-Cavendish, London NY, 3rd edition 2014)
  • Mandaraka Sheppard A., Modern Maritime Law vol. I & II, (Routledge-Cavendish, London NY, 3rd edition 2014)
  • Mistelis L., Lew J., Comparative International Commercial Arbitration (Kluwer Law International, 2003)
  • Moore C., The Mediation Process (Jossey-Bass– Willey, San Francisco, 3rd Revised Edition, 2003)
  • Moore C., Woodrow P., Handbook of Global and Multicultural Negotiation (Jossey Bass – Willey, San Francisco, 2010)
  • Moore C., Woodrow P., Handbook of Global and Multicultural Negotiation (Jossey Bass – Willey, San Francisco, 2010)
  • Rogerson P., Collier’s Conflict of Laws (Cambridge University Press, Cambridge NY Melbourne Madrid Cape Town Singapore São Paulo Delhi Mexico City, 4th edition 2013)
  • Stone P., EU Private International Law (Edward Elgar Publishing, Cheltenham, Northampton MA, USA, 3rd edition 2016)
  • Ury W., Getting Past No: Negotiating in Difficult Situations (Bantam Books, NY Toronto Sydney Auckland, 2nd revised edition 2007)
  • Whatling T., Mediation Skills and Strategies: A practical guide (Jessica Kingsley Publishers, London Philadelphia, 2012)
  • Wheeler M., The Art of Negotiation: How to Improvise Agreement in a Chaotic World (Simon & Schuster, NY, 2013)
References
    Planned learning activities and teaching methods
    The intended use of this module is such that you progress through from unit 1 to unit 5 in unit order. The module is designed to introduce and explain the material you are expected to learn. All the readings from the recommended textbooks associated with a specific unit, will be clearly stated. Furthermore, any relevant readings associated with a particular topic will be stated at various points within the unit, wherever appropriate. It is worth noting that all readings provide a good source of additional examples on which you can practice if you so wish.
    The on-line learning environment provides an opportunity for receiving on-line feedback from the Module Instructors during your study and you are strongly advised to take advantage of this. In addition, you will be encouraged to interact both with other students and your instructor so as you feel part of an on-line community of learners that belong to the University network.

    Recorded lectures / Narrated presentations
    You may be asked to watch a recorded lecture or narrated presentation posted on the web addressing the main concepts of a particular unit.


    Dynamic Online Interaction: 
     • Asynchronous communication tool (Discussion Forum)
    You may be asked to participate, wherever appropriate, in an online forum posting your views on certain topics covered in a particular unit.  
     • Synchronous communication tool (instant messaging)
    Using the synchronous communication tools (such as skype, chat rooms, video-conferencing, or telephone etc.), you may discuss with the Module Instructor (s) and/or other students on line with reference to specific issues covered in a given unit.
    Self-assessment:
    Throughout the Study Guide, you will find various forms of assessment/ self-assessment as follows: 

     - Online multiple choice questions on the topics covered. 
     - Online review questions designed to provoke thought/ action and reflection on the topics covered in each unit and their applicability in real life.
     - Online case study exercises that are designed to check that you can correctly identify relevant issues and apply concepts covered in a specific unit.
     - Discussion forum participation based on recommended articles and the questions offered for dynamic online interaction.
     - Instant messaging participation.
     - Further readings beyond those already recommended in this Guide.

    Assessment methods and criteria
    Midterm assignment50%
    Final Exam50%
    Language of instructionEnglish
    Work placement(s)NO