Common Law Contracts, Arbitration and Advocacy | Short course at the Summer School at Warwick University

Common Law

Contracts, Arbitration and Advocacy

Law of England & Wales (and common law more generally) is of huge relevance internationally, as it is the most frequent choice of applicable law in international commercial contracts, regardless of any link with the United Kingdom.

English contract law has chosen, among other factors, for its predictability and suitability for commercial transactions and at least familiarity with it is a pre-requisite for most students desiring a career involving transnational transactions. Complementing these transactions is a transnational system of dispute resolution - international arbitration, where parties can finally resolve disputes through their chosen arbitrators and without necessarily involving state courts.

Again, England & Wales, and London in particular, are global leaders in providing arbitration services and having a world-leading legal framework for them.

Finally, drafting and interpreting contracts under English law, and resolving disputes through arbitration, heavily rely on specific drafting styles and also oral advocacy approaches found primarily in common law, both in UK and US. To successfully navigate these fields, knowledge of basic principles of drafting and advocating that can serve as a foundation for further improvement is a necessity.

The summer school in Common Law Contracts, Arbitration and Advocacy aims to provide the students with an introduction into these three spheres of English common law and practice, providing the knowledge of general principles and approaches, and laying out a firm foundation for further study in those who want to make international commercial law and transactions their primary focus. By connecting substantive contract law with dispute resolution through arbitration and techniques of drafting and advocacy, it provides a rounded introduction into this complex yet fascinating area of law and is suitable for students coming from any jurisdiction.

Key Information

Level: Introductory to intermediate
Fees: Please see Fees page
Teaching: 60 hours
Expected independent study: 90 hours
Optional assessment: Dependent on course

Typical credit: 3-4 credits (US) 7.5 ECTS points (EU) - please check with your home institution

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This course can also be combined with our Exploring British Culture week - find out more.

Syllabus

Week 1 – Common Law of Contracts
- Introduction to Common Law of England and Wales
- General Principles of Contract Law
- Formation of Contracts
- Content and Interpretation of Contracts
- Contractual Remedies

Week 2 – Arbitration
- The Idea and General Principles of Arbitration
- English Arbitration Act and England as the Seat of Arbitration
- Arbitration Agreement and Contract Law
- The Process of Arbitration
- Arbitration Award and Enforcement

Week 3 – Written and Oral Advocacy
- Different Styles of Writing and Advocating
- Principles of Effective Legal Writing
- Oral Advocacy

Aims and Learning Outcomes

Course Aims

Introduction to general principles of English common law, general principles in contract law, and three key distinct stages of contract - formation, interpretation, and remedies for its breach.

Introduction to general principles of (international) arbitration, broad features of the legal framework of arbitration in England & Wales, and the key stages in the arbitration process.

Providing an overview of different styles of legal drafting , general approaches to effective legal writing in common law, and general principles of oral advocacy.

Learning Outcomes

1. Understanding of the general principles underpinning common law and the law of contracts;
2. Exploration and analysis of the key rules derived from case law governing the formation of contracts, their interpretation, and remedies for their breach;
3. Understanding of the general ideas and principles underpinning arbitration as a method of dispute resolution;
4. Gaining an overview of the legal framework governing arbitration in England and Wales and the role of courts in the process;
5. Exploration and analysis of the key stages of arbitration and their features;
6. Understanding of the different legal drafting styles for different purposes and their key characteristics;
7. Understanding of the principles and features of oral advocacy in common law dispute resolution;
8. Ability to apply the principles and rules of contract law and arbitration law to a factual and legal scenario whose complexity is appropriate to the introductory level;
9. Ability to demonstrate legal writing skills in applying those principles, appropriate to the introductory level.

Teaching and Assessment

Course Structure

For this course, there will be 4 hours of teaching on most weekdays, comprised of lectures and small group teaching. The structure will be:

3 hours of lectures.
A 1 hour seminar in small groups.

Students will also be given time each day for independent study. Towards the end of the third week, students will also be provided with time for revision.

Due to the intensive nature of the Warwick Summer School, students are expected to attend all timetabled teaching activity, to engage with the teaching material and to spend an average of 2-3 hours per day in self-guided study.

Students registered for Warwick Summer School must attain a minimum of 75% authorised attendance of the timetabled teaching activity. If students fall short of this threshold, they will not be awarded a certificate of completion and they will not be able to sit the exam/submit final assessment. 

Authorised attendance includes any sickness absence during the course of the programme that has been properly notified and recorded. An attendance register will be taken at the beginning of teaching session so students need to ensure they arrive on time in order to be marked as attended.

Course Assessment

The module will be assessed via a 2-hour open book examination. Students will be expected to apply contract and arbitration law to resolving a factual and legal dispute scenario of complexity appropriate to the introductory level of the course. It should be noted that the exam is not compulsory. Everyone who completes the course – whether or not they sit the exam - will receive a certificate of attendance.

Students who choose to sit the final exam will receive a transcript of results. The transcript of results will state the name of the student, the course studied, the exam mark and the grade. Transcripts are automatically sent to students via email by the middle of September.  You should keep this safe in case you need it for credit transfer approval or for future reference. If you would like us to email a copy of your transcript directly to someone at your University who deals with credit transfer please let us know.

The Summer School does not offer re-takes of examinations, whatever your result in the original examination. 

Entry Requirements

There are no prerequisites for this course. This course is open to students studying any discipline at University level. We welcome individuals from all backgrounds, including students who are currently studying another subject but who want to broaden their knowledge in another discipline. Students should also meet our standard entry requirements and must be aged 18 or over by the time the Summer School commences and have a good understanding of the English language.

Alumni Your Teachers

Lecturers

Teaching Assistants

Dr Velimir ZivkovicLink opens in a new window

Lyla LatifLink opens in a new window

Reading List

Foundational Texts to be used:

1. John Cartwright, 'Contract Law: And Introduction to the English Law of Contract for the Civil Lawyer', 3rd ed, 2016

2. TT Arvind, 'Contract Law', 2nd ed, 2019

3. Tony Cole and Pietro Ortolani, 'Understanding International Arbitration', 2019.

4. Lisa Webley, 'Legal Writing', 4th ed. 2016

5. Derek Halbert and Hayley Whitaker, 'Advocacy and Public Speaking: A Student's Introduction' 2016

Please note changes to the syllabus and teaching team may be made over the coming months before exact set of topics are finalised.

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