Law programs at ANC

by Dr Dayanath Jayasuriya PC

In September 2012 ANC (American National College) launched the first in a series of one-year LLM programs offered by the Ealing Law School of the University of West London, in Colombo. The LLM in International Business and Commercial Law has over 20 students. Lectures are conducted by visiting UWL Faculty and local lecturers with specialist qualifications in the areas covered by the particular LLM.

From January and September 2013 ANC and UWL will offer additional Master of Law degree programs. One will be the LLM in International Investment and Arbitration Law. This LLM like the other three LLM programs, offers appropriate experience for those looking for a career in the global economy within international corporations, investment banks, accounting firms, international law firms, international consultants, international fund management, employment agencies and Human Resources. The programs aims at producing students who have employment prospects within this range of international organisations and multinational corporations. Students will acquire the knowledge and understanding of the legal regulations of international and national business and finance law.

Relevance to Sri Lanka

The LLM in International Investment and Arbitration Law is particularly timely for Sri Lankan lawyers and senior managers. With the dawn of peace, Sri Lanka is well positioned to attract foreign investments. The drafting of foreign venture agreements and negotiations demand special skills. An exposure to international developments and trends in other jurisdictions will considerably enhance the ability to effectively deal with foreign investors.

Attention is being focused on the possibility of using arbitration for dispute resolution instead of instituting legal action in courts of law. Parties tend to be disillusioned by protracted litigation - an all too ubiquitous a problem. Some countries such as China have now set up state-of-the-art arbitration centres which can be accessed by parties in any part of the world. The Minister of Justice Rauff Hakeem has taken the initiative to set up a similar centre in Sri Lanka and work has already commenced at the World Trade Centre. With the setting up of the centre there will be an increasing demand for lawyers and others who have specialised in international arbitration and mediation law.

Teaching Modality

Each course is taught through a combination of lectures, tutorials, seminars, small group sessions, practical experience and workshops. These will have an emphasis on developing the skills which are both generic and legal to apply principles to issues which will serve students in all aspects of their future careers.

Two modules will be taught each week, over three hours of teaching time, and students will complete a 15,000 word dissertation, which will be supported by a research methodology module.

Course content

The LLM in International Investment and Arbitration Law covers substantive rules and principles of treatment of foreign investors by foreign governments and the various forms of dispute resolution available for investment and commercial disputes. There are two specialist modules for LLM in International Investment and Arbitration Law:

International Public Law

The International Public Law module provides an understanding of the basic concepts, rules and principles of international public law. The module will cover evolution of international public law and international legal order, sources of public international law and its main actors. The module will deal with key international organisations, their rule making and political significance. It will also equip students with treaty interpretation skills and an understanding of the role international public law can play in the domestic context.

International Investment Law

The International Investment Law module provides an essential framework for understanding the nature and functioning of the law which governs foreign investments. The module will identify key principles and rules which relate to rights and obligations of host states and investors, main sources of regulation, key actors and dispute resolution procedures. It will also explore various problems related to doing business in developing and transition economies and remedies available to foreign investors. The module will also touch upon the relevant rules of international public law and domestic commercial law. The students will also acquire new practical skills which would enable them to confidently apply international investment law in their careers. All the LLM programs have certain common modules:

Research Methodology

All students will take Research Methodology for the first semester and be expected to start the dissertation which will be submitted at the end of the course. This module is designed to enable students to undertake research at postgraduate level. It will enable students to write a research proposal that will eventually underpin the dissertation that they will write.

The module is divided into four parts. The Research Methodology module is taught through a blended mix of taught and online lectures, practical case studies and seminars.

It is taught over one semester as a single module. The assessment is designed so as to test both breadth and depth of knowledge in legal and related areas. International Commercial Law

The module is a study of the law of international business from an international perspective. It will identify key characteristics of doing business in an international environment, main sources of regulation, key concepts of contract and corporate law.

The students will also be introduced to mechanisms available for resolution of business disputes. It will also explore the concepts of corporate social responsibility and particularities of doing business in developing countries.

The module will also touch on the laws of other common law and civil law jurisdictions. This will give student a critical comparative law approach to international commercial law.

International Arbitration

The aim of this module is to enable students to understand theory and practice of international commercial arbitration and mediation. Students will develop an understanding of the main principles of both international commercial arbitration and mediation, and how these methods of dispute resolution contribute to international commerce.

The module will also focus on issues such as corruption and corporate governance in the context of dispute resolution. Students will develop skills and a critical appreciation of international commercial arbitration and mediation. The students will participate in a series of workshops involving simulated transactions and hearings where they will both learn and display the practical skills required as practitioners.

Dissertation

All students undertake a dissertation on a topic of their choice, albeit related to their specialist LLM program of study, submitting a 15,000 word dissertation at the conclusion of the course.