| CODE | CVL1100 | ||||||||
| TITLE | The Law of Arbitration and Mediation | ||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Civil Law | ||||||||
| DESCRIPTION | This study-unit studies arbitration and mediation procedure. In arbitration the study-unit focuses on the Arbitration Act and the subsidiary laws made thereunder whilst in the case of Mediation the study-unit focuses on the various laws extant in Malta which regulate mediation such as the Mediation Act, the law regulating mediators in the Civil Court, Family Section, mediators appointed under the Environment and Development Planning Act, mediators appointed in terms of employment legislation. Students will be taught the laws and case law relevant to the subject of this study-unit. Study-unit Aims: The aim of this study-unit is to teach to the student the rules regulation arbitration (domestic and international arbitration; filing an arbitration; choice of arbitrators; the award; appeals from awards) and mediation (functions of a mediator; code of conduct of mediators; confidentiality of the proceedings; impartiality of mediators; mediation skills; the procedure followed during a mediation process). Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) know the applicable rules of arbitration; (b) understand the procedure before a mediator; (c) comprehend the links and differences between judicial proceedings on the one hand and arbitration and mediation on the other. 2. Skills: By the end of the study-unit the student will be able to: (a) identify the law regulating arbitration and mediation and the procedure regulating both alternative dispute resolution institutes; (b) distinguish between arbitration and mediation; (c) interpret the salient case law on arbitration and mediation procedure. Main Text/s and any supplementary readings: Arbitration Act. Mediation Act. Code of Organization and Civil Procedure. Max Ganado, Introduction to Maltese Domestic Arbitration Law, June 2002. Max Ganado, The Malta Arbitration Act (Handbook), Malta Arbitration Centre. |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||||
| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | William Azzopardi Antoine Cremona Fiona Farrugia Austin Sammut |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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