International Commercial Arbitration - Essay Writing - Law Assignment Help

Assignment Task

Question 1 – International Commercial Arbitration (ESSAY)

Your client is based in England. Your client is planning to enter into a contract with a Russian company. Your client has asked you for advice as to whether the client should provide in the contract with its Russian counterparty for disputes to be resolved through litigation or arbitration.
Draft a memo to your client to advise them of the pros and cons of resolving a dispute through arbitration as opposed to litigation. You should assess and evaluate the pros and cons of Article V barriers to enforcement under New York Convention, factors that practitioners of arbitration value, and any specific issues in respect of enforcement related to Russia.

Question 2 – Corporate Insolvency (ESSAY)

The Cork Committee Report preceding the Insolvency Act 1986 sought to foster a rescue culture. Critically evaluate the extent to which the current insolvency framework (as amended by the Corporate Insolvency and Governance Act 2020 and as bolstered by other measures) supports company rescue, and protects the interests of the creditors.

Question 3 – Agency (PROBLEM QUESTION)
Please answer all parts of the question.
Demelza owns a business selling ducks. Demelza is based in Cornwall and appoints Aidan to act as her agent and sell ducks in France.
A) Aidan sells 30 ducks to Maria in France. Maria knows that Aidan is an agent. Aidan sells the ducks at £2 each. This is explicitly contrary to Demelza’s instructions to sell the ducks at no less than £5 each. Maria is not aware of the specific authority that Demelza has given to Aidan to contract. Advise Demelza in relation to the external contract with Maria whether she is liable to sell the ducks at £2 each to Maria.
B) Unknown to Demelza, Aidan’s girlfriend is Ling Ling. Ling Ling owns a chain of Chinese restaurants that specialise in serving crispy duck. Demelza had asked Aidan to explore whether Ling Ling might be interested in buying ducks from Demelza during the forthcoming year. But Aidan actually agrees to sell 500 ducks to Ling Ling at £5 each. Aidan tells Demelza that the price of the ducks is £4 each and keeps the difference of £1 per duck for himself as a secret commission. Demelza is angry with Aidan when she finds out about the agreement to sell to Ling Ling, which was not within Aidan’s authority. However, when Demelza has had chance to reflect, she realises that the deal is a good one, and decides that she wants to go ahead with the deal, although Demelza does not know about the secret commission. Advise Demelza whether she is already bound by the external contract with Ling Ling. If not, advise whether Demelza can now ratify the contract and if so, how?

C) Demelza has an additional business, which involves the importation of apricots. Demelza contracts with Erno, who is both a supplier and transporter of apricots. The agreement is to transport 20 boxes of apricots from Hungary to Cornwall Unfortunately, due to bad weather, the lorries are delayed and are forced to wait in Calais in France. By this time, the apricots have severely deteriorated, but they are suitable to making apricot jam. Erno attempts to contact Demelza, but without success. Erno therefore decides to sell the apricots to Jean-Baptiste in Calais to turn into apricot jam. In respect of the sale of the apricots, Demelza believes that Erno’s actions were
unnecessary and that he did not have authority. Advise Demelza whether she is bound by the contract concluded by Erno with Jean-Baptise.

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