The applicability of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts in mortgage enforcement proceedings in Ireland.
To determine whether, under Directive 93/13 (“the directive”), the Irish courts have been assessing, of their own motion, whether a contractual term falling within the scope of the directive is unfair, thereby addressing the imbalance which exists between the mortgagor and mortgagee; and to determine whether an applicant in mortgage enforcement proceedings can rely upon Irish legislation, the common law rules of contract and rules of procedure, to secure possession of a mortgaged property in cases where the directive is applicable.
interviews with applicants and respondents in mortgage enforcement proceedings in relation to their knowledge of the applicability of the directive in respect of the proceedings in question and the extent to which their legal advisers and the courts/masters have been willing to entertain submissions based on the directive.
analysis of court reports and Law reports, and a statistical analysis of the numbers and types of cases before the courts/masters in mortgage enforcement proceedings where the directive has been cited (and in cases where it has not, why not) and the role the directive played in determining the outcome of the proceedings.
to produce a comprehensive body of knowledge on (i) the efficacy of the directive in mortgage enforcement proceedings, (ii) the extent to which its potential effect is understood by applicants and respondents, and, (iii) the type of mortgage agreements which may be successfully challenged by respondents in enforcement proceedings, in particular those where the court has assessed, as it must under the directive, whether the mortgagee, dealing fairly and equitably with the mortgagor, could reasonably assume that the mortgagor would have agreed to such a term in individual contract negotiations.
this research may result in disseminating to consumers, legal advisers, financial institutions, and governmental authorities the role that the directive can play in ensuring that the interests of the weaker party, i.e., mortgagor, are protected in enforcement proceedings.
The LL.M in Business Law is a one-year postgraduate degree. It aims at providing a solid academic background to students and legal professionals, fluent in both French and English, who specialize in the field of business law and wish to enhance their skills and career in law firms, banks or major companies in Lebanon and abroad.
The program is designed to familiarize the candidates with the rules and practices of Business Law in both domestic and international relations, and give them the tools to adapt to various legal systems.
The program provides dynamic and comprehensive training for the practice of Business Law. The courses are given in the form of interactive seminars, combining legal theory and practical case studies. They also aim at providing the required skills for negotiating and drafting legal documents.
-Contracts Law (contract negotiation and drafting techniques, Fiduciary Contracts, Oil and Gas contracts, Consumer contracts)
-Banking and Financial markets (Banking Law, Corporate financing, Islamic Finance, Financial Markets Law and contracts)
-Corporate Law (Mergers and acquisitions, Shareholders agreements, Corporate taxation, Corporate criminal law, Holding and off shore companies)
-Alternative Dispute Resolution (arbitration, conciliation, mediation, settlement)
Find out more about studying as an international student at USJ here: https://www.usj.edu.lb/sri/index_en.php
Aimed at those working with Public Private Partnerships (PPP) and Private Finance Initiatives (PFI), this course will give you the expertise to negotiate, manage and deliver framework agreements and term contracts while upholding the highest levels of customer service.
Many public services are now outsourced and there is growing support from the Local Government Association to improve the contract management skills of those working in local authorities. You will focus on examples from your own workplace and analyse case studies to sharpen your ability to lead on new contract negotiations and manage relationships.
We will develop your legal knowledge and help you make improvements to existing contracts, encouraging you to seek innovative ways of working. You will explore different strategies for resolving client-contractor and supplier conflict so that existing contracts can be successfully renegotiated.
Whether you are a public sector professional or a supplier of services, working collaboratively with your tutors and fellow students will allow you to learn from the experiences of others. You will examine different problem-solving and communication strategies which you can then apply in your own workplace.
You will be inspired by experts - each member of your course team has more than 20 years' experience in industry and they will use their knowledge of commercial supply chains to inform your teaching and bridge the gap between the public and private sector. The team are also involved in research and consultancy in this area which will feed into your teaching.
We have fantastic links with the public sector and their suppliers and regularly invite guest speakers from industry to share their experiences. Previous visitors have included employees of the Office of Government Commerce, who support procurement and acquisition in the public sector, and Morgan Sindall, a leading UK construction group. This industry input keeps your teaching current and makes sure your knowledge is always up to date.
Taught at weekends to fit around your work commitments, you will also be offered tips on writing academic essays and examine previous assignments to get a clear picture of what is expected from you.
If you are already working in contract management, this course will strengthen your abilities and give you the confidence to get the best from your suppliers. You will gain transferable skills that are in high demand across the public and private sectors, preparing you to take responsibility for coordinating and managing contracts and partnerships. There is also the option to continue your studies by progressing on to our MSc Strategic Project Management.Client Representative
Construction law and practice affects stakeholders working across the international construction sector. This course will provide you with the legal knowledge and commercial awareness required to perform your current role more effectively or to move into a specialist role in construction law.
You will examine the responsibilities of employers, contractors and construction professionals together with the problems raised by the complexities of construction, design liability and insurance. Construction contracts and the law underpinning them, together with a wide range of standard form contracts are studied to assess and manage risk. You will also study the complex issues arising from the multiparty nature of the construction process and the particular challenges of international construction, together with the uncertainties that can arise from the passage of time and latent defects.
The full masters award is accredited by the Royal Institution of Chartered Surveyors (RICS), allowing exemption from their academic entry requirements, as well as ensuring that you are educated to the highest industry standards.
There is also an LLM route available for this course.
Learn how to:
This course is studied part-time by distance learning. Admission onto the course is in September.
The Masters award consists of four core modules. The PgDip requires the completion of all four core modules. The PgCert requires completion of two core taught modules. All modules are delivered over a 15 week period and are assessed entirely through coursework.
DISTANCE LEARNING STUDY
A 30 credit taught module is studied in each semester for the first sixteen months. Assessment of these modules is driven by real-world problems aligned to your workplace and job role. Teaching is based around a virtual learning environment supported by interactive online sessions. In the final two semesters you undertake a dissertation worth 60 credits which is also delivered online and incorporates extensive tutor engagement and support.
To help you fit your studies around your work, the course is taught via distance learning. This takes the form of an online learning environment supplemented by constant support from experienced tutors.
During your studies, you’ll log on for weekly online tutorials, which will be led by tutors and provide the opportunity for interaction with your fellow students. Sessions are usually delivered at UK evening times, and these tutorials are archived in case you miss one. Learning is designed to equip you for the real-world problems that you are likely to meet in your job.
Two hours online contact time, plus up to 15 hours self-directed study.
You will be assessed through:
On this course, you’ll gain the legal knowledge you’ll need to perform your current role more effectively or to move into a new role relating to construction law. Construction law and practice affects professionals throughout the construction industry. Graduates of this course have included surveyors, architects, engineers, planners, construction managers, financial managers, solicitors and lawyers.
The full Masters award is accredited by the Royal Institute of Chartered Surveyors (RICS), allowing exemption from their academic entry requirements.
The School of the Built Environment enjoys excellent links with the local, national and international construction industry. This course meets the needs of the industry by providing formal postgraduate level education for built environment professionals in the vital and complex area of construction law.
Guest lecturers from industry with expertise in relevant areas are invited to give lectures throughout the duration of the course, enriching your learning experience.
The School of the Built Environment has an exciting and vibrant research community engaged in advanced research in the built environment, please see www.salford.ac.uk/research/best and http://www.salford.ac.uk/research/uprise for more information.
Develop the skills to manage international projects successfully. With growing global competition and increasingly complex regulatory structures, international project managers can make a major impact on an organisation's efficiency, and are in high demand.
GCU's MSc International Project Management was designed by senior industry practitioners and leading academic experts. It is delivered by a teaching team experienced in delivering project management expertise spanning all five continents.
Available full-time, part-time and distance learning, the programme offers an elite and highly relevant credential for international project managers. It's accredited by four prestigious international professional organisations; the Association for Project Management (APM), the Royal Institution of Chartered Surveyors (RICS), the Chartered Institute of Building (CIOB) and the Project Management Institute (PMI).
Prepare for success as a professional project manager by acquiring the tools to deliver high-quality projects on schedule, on budget and according to scope. You'll also master the skills to manage projects across international borders.
Choose from three areas of specialisation:
No matter which area you choose to emphasise, you'll develop meaningful knowledge and skills that are highly relevant to the real-world challenges faced by communities across the globe. You'll be able to help build a more successful, sustainable society, making a positive impact and contributing to the common good.
Energy forms a critical component of our daily lives and its demand is set to grow by 35% by 2035. It is an industry that will continue to grow and evolve in the foreseeable future.A career in energy will involve tackling important issues such as climate change and improving sustainability as well as developing new sources of fuel.
Energy modules include:
Energy Audit and Energy Asset Management
This module focuses on techniques for auditing and managing the amount of energy used in a range of industrial processes. The module will provide an understanding of the strategies and procedures of energy audit and energy asset management. Using case studies throughout, the module will present energy audit, managing energy usage, factors affecting energy efficiency on plant, and cost benefit analysis of introducing alternative strategies and technologies. It will also address the efficient use of other commodities, for example water consumption.
Renewable Energy Technologies
Renewable energy is regarded as an integral part of a sustainable development strategy. This module concentrates on the renewable energy technologies most likely to succeed in the UK and other temperate countries, i.e. solar energy, energy from waste, wind, hydro and biomass. Topics for discussion include: the scale and variability of resources; technologies for exploitation; technical and economic feasibilities; integrated (hybrid) systems. Software tools will be explored for design and analysis of renewable energy systems.
Developed with the support of the CITB Construction Industry Training Board, the programme is designed to meet the increasing demand for innovative and far-sighted construction managers.
It offers a choice of modules covering the wide variety of skills that modern construction professionals need. This comes from a growing drive to find sustainable and environmentally sound construction methods and innovative management practices to replace traditional procurement routes and management methods.
The programme covers the skills that modern construction professionals need in order to meet the challenges of the industry. It provides recent graduates and experienced professionals with an outstanding opportunity to upgrade their skills in order to enhance their career choices.
Construction modules include:
Strategic Management in Construction and Property Enterprise
The module develops insight into the strategic decision-making processes necessary for organisations to establish and meet organisational goals. It also examines the types of strategies and how they may be successfully utilised. Contemporary analytical techniques are reviewed and evaluated. Factors which influence Corporate Strategy are considered and contextualised in relation to the construction and property industry and constituent enterprises.
The oil and gas industries are widely affected by a growing range of factors, including shifting global economics, an evolving global energy mix and environmental issues. There is an increasing demand for those working in the industries to develop an intelligent awareness of this complex business environment and to grasp the ways in which these changes will affect organisations.
The professional project manager must deliver projects on schedule, on budget, to scope and with the right quality. This MSc develops the multi-faceted skill set needed to successfully manage international projects in the oil and gas industry.
Oil and Gas modules include:
The Oil and Gas Industry
This module introduces the student to the fundamental principles and activities within the global oil and gas industry. This includes legal ownership of hydrocarbon reserves, strategic investments, and the processes involved in upstream and downstream activities within the oil and gas industry. Aspects of health and safety standards will also be introduced in the module.
Oil and Gas Contracts and Disputes
This module will provide the student with an understanding of procurement and contract administration in a modern international oil & gas environment based on the main contracts. The module will examine the various methods of resolving disputes arising under contracts at law, through statutory legislation and by agreement: Litigation; Arbitration; Adjudication; ADR including Conciliation, Mediation, Negotiation, Comparison of cross border/international methods of dispute resolution particularly in relation to arbitration and adjudication.
This course will provide you with a comprehensive understanding of the legal framework within which construction organisations and projects are managed, including the resolution of disputes that arise. You will develop your capabilities to analyse the nature of the risks in construction, general strategies for allocating them and systems for managing their occurrence.
You will develop your professional skills to be able to interpret contracts and appreciate the controversies surrounding commonly used standards forms of construction contracts. This will involve you gaining techniques for research and enquiry to create and interpret relevant aspects of construction law and contract administration. In addition, you will acquire the skills to review and critically examine the implications of complex construction case law relating this to real world settings.
Overall, the course will prepare you to participate in dispute resolution processes as an advisor to or representative of the parties to the dispute or as an arbitrator, mediator , adjudicator or other related dispute practitioner.
Typical modules may include:
As with many other similar courses offered by other institutions, it is currently accredited by the RICS, and the intention is to confirm accreditation with RICS once internal validation is complete. However, several features distinguish this course from the others.
The teaching faculty comprises distinguished construction, engineering and law academics, practising construction lawyers and eminent dispute resolution practitioners offering professional services as arbitrators, mediators, adjudicators, claims consultants and expert witnesses across the globe.
Very active engagement of the faculty in research assessed to be of world class standing has enabled curriculum innovation to cover non-traditional subjects such as the theory and practice of negotiation, the FIDIC family of contracts, conflict of laws and international arbitration. Curriculum flexibility allows students from diverse backgrounds to construct programme of study to enhance a wide range of future practice aspirations
The learning resources (textbooks, journals, multimedia systems, and online resources), which are as extensive as anywhere else, are always being added to with financial support from professional institutions such as the Society of Construction Law.
We are currently developing the Springfield Campus which will be Europe’s largest construction centre of excellence. Join us as the exciting development takes shape and from 2019/20 students in the School of Architecture and the Built environment will be taught from the new campus.
The range of employment opportunities includes construction contract consultants, contract managers, contract administrators, arbitrators, expert witnesses, adjudicators, mediators, conciliators and claims consultants. These are increasingly required in a wide range of construction and property organisations including the following:
By the end of the course, you will be able to:
The Royal Institution of Chartered Surveyors (RICS) is the leading professional body land, property and construction. We are in partnership with the RICS to deliver this course, which upon successful completion gives exemption from the academic requirements of the RICS , and leads into the RICS’ Assessment of Professional Competence (APC), the precursor to professional membership.