Additional Assessment Business, Corporate and Maritime Law. Erasmus School of Law, Erasmus University Rotterdam

Transcription

1 Additional Assessment Business, Corporate and Maritime Law Erasmus School of Law, Erasmus University Rotterdam

2 Quality Assurance Netherlands Universities (QANU) Catharijnesingel 56 PO Box RA Utrecht The Netherlands Phone: +31 (0) Telefax: +31 (0) Internet: Project number: Q QANU Text and numerical material from this publication may be reproduced in print, by photocopying or by any other means with the permission of QANU if the source is mentioned. 2 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

3 CONTENTS Report on the additional assessment of the master s programme Business, Corporate and Maritime Law of Erasmus University Rotterdam...5 Administrative data regarding the programme...5 Administrative data regarding the institution...5 Quantitative data regarding the programme...5 Composition of the assessment committee...5 Working method of the assessment committee...6 Summary judgement...9 Description of standard 3 from the Assessment framework for limited programme assessments...10 Appendices Appendix 1: Curricula Vitae of the members of the assessment committee...19 Appendix 2: Domain-specific framework of reference...21 Appendix 3: Intended learning outcomes...23 Appendix 4: Overview of the curriculum...25 Appendix 5: Programme of the site visit...27 Appendix 6: Theses and documents studied by the committee...29 Appendix 7: Declarations of independence...31 This report was finalized on 23 January QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 3

4 4 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

5 Report on the additional assessment of the master s programme Business, Corporate and Maritime Law of Erasmus University Rotterdam This report takes the NVAO s Assessment Framework for Limited Programme Assessments as a starting point. Administrative data regarding the programme Master s programme Business, Corporate and Maritime Law Name of the programme: Business, Corporate and Maritime Law CROHO number: Level of the programme: master's Orientation of the programme: academic Number of credits: 60 EC Specializations or tracks: none Location(s): Rotterdam Mode(s) of study: full time, part time Expiration of accreditation: 6 August 2014 The visit of the assessment committee Business, Corporate and Maritime Law to the Erasmus School of Law of Erasmus University Rotterdam took place on 26 November Administrative data regarding the institution Name of the institution: Status of the institution: Result institutional quality assurance assessment: Erasmus University Rotterdam publicly funded institution positive Quantitative data regarding the programme Quantitative data regarding the programme are not included in this report, but can be found in the report Business, Corporate and Maritime Law, 18 July Composition of the assessment committee The committee that assessed the master s programme Business, Corporate and Maritime Law consisted of: Prof. dr. J.W. Zwemmer (chair), professor emeritus of Tax Law, University of Amsterdam, Amsterdam. Prof. dr. A.F.M. Dorresteijn, Professor of International Corporate Law at Utrecht University, Utrecht. Mr. D. Knottenbelt, lawyer and partner at law firm Houthoff Buruma, Rotterdam. QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 5

6 Due to unforeseen circumstances shortly before the site visit, professor Dorresteijn could not be present during the site visit. However, he contributed to the assessment in all other possible ways. The committee was supported by drs. G. M. (Mariëlle) Klerks, who acted as secretary. Appendix 1 contains the curricula vitae of the members of the committee. Reasons and context In May 2012 the post-graduate LL.M. programme Business, Corporate and Maritime Law was assessed by an assessment committee chaired by prof. dr. J.W. Zwemmer. In July 2012, the assessment report based on the NVAO Assessment framework for limited programme assessments, was finalized. The committee assessed Standard 1 (intended learning outcomes) as satisfactory and Standard 2 (teaching-learning environment) as satisfactory. Standard 3 (assessment system and achievement of the intended learning outcomes) of the framework, however, was assessed as unsatisfactory. Consequently, in correspondence with the framework s decision rules, the programme as a whole was assessed unsatisfactory. The programme s assessment system was considered to be not sufficiently adequate. Furthermore, the committee was not convinced of the overall quality of the theses and it was of the opinion that the intended learning outcomes in a substantial part of the cases were not fully achieved. The committee formulated a list of recommendations for improvement on Standard 3. Starting from these recommendations, the programme management formulated an improvement plan. Based on this improvement plan, the NVAO decided to extend the programme s accreditation and to grant the programme a one year improvement period during which the programme should implement adjustments in order to fulfil the criteria for accreditation. The current committee has been requested to perform an additional assessment of the current state of affairs now the measures formulated in the improvement plan, have been implemented. In this additional assessment, the committee concentrated on Standard 3 (assessment system and achievement of the intended learning outcomes) only, as only this standard was assessed as unsatisfactory in the assessment report of July The same committee that performed the initial assessment (the student member excluded) was requested to perform this additional assessment as well. Two of the previous committee members, including the chair, could participate in the committee again. One of the previous committee members had to be replaced by a new member. Working method of the assessment committee Preparation Upon receiving the critical reflection of the Business, Corporate and Maritime Law (BCML) programme on 1 November 2013, QANU checked whether it could serve as the starting point for the assessment. It was found to fulfil the criteria of relevance and completeness. Subsequently, it was distributed among the committee members by QANU together with some additional documents provided by the programme and information on the NVAO assessment frameworks. 6 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

7 According to the wishes of the chair, professor Zwemmer, the committee assessed all the 18 theses produced by students of the programme since the implementation of the remedial measures taken in the context of the improvement procedure. This meant that each member of the committee were given six theses. The committee members received QANU s checklist for the assessment of theses to ensure that their assessments were comparable and that they took all relevant aspects into account. Before the site visit, all committee members reported on the quality of the theses they assessed to the chair and the secretary. None of the theses gave rise to concerns. Before the site visit, the QANU project manager and the secretary met with representatives of the BCML programme to agree on the programme for the site visit, the necessary documentation for the committee and various practical arrangements. Site visit The site visit took place on 26 November It started with a preparatory meeting during which the committee members discussed the critical reflection, the additional documentation and the theses they had received prior to the site visit. The committee also agreed on the questions and issues to be raised in the interviews with the representatives of the BCML programme and other stakeholders. The committee conducted interviews with the management of the programme, members of the Examination Board, the members of the Assessment Committee, lecturers, students and alumni. The committee studied additional materials made available by the programme, including learning materials, written exams, assignments and other assessments. The programme of the site visit is included in Appendix 5. After the interviews, the committee held an internal meeting in which it discussed its findings, phrased its conclusions and gave its assessment of Standard 3 of the NVAO assessment framework for limited programme assessments. In a final meeting with the management, the chairman presented the committee s preliminary findings. Report Following the site visit, the secretary produced a draft version of the report, which was presented to the members of the assessment committee. Then the secretary processed all corrections, remarks and suggestions for improvement provided by the committee members to produce the preliminary report. This version was sent to the Board of Erasmus University Rotterdam and the Erasmus School of Law (responsible for the BCML programme), inviting them to check it for factual errors, inaccuracies and inconsistencies. The secretary forwarded the comments and suggestions provided by the Board and the Erasmus School of Law to the chairman of the committee and, where necessary, to the other committee members. They decided whether or not the comments and suggestions were to be incorporated in the report. On that basis, the secretary compiled the final version of the programme report. Decision rules In accordance with the NVAO s Assessment Framework for Limited Programme Assessments (as of 22 November 2011), the committee used the following definitions for the assessment of both the standards and the programme as a whole. Generic quality The quality that can reasonably be expected in an international perspective from a higher education bachelor s or master s programme. QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 7

8 Unsatisfactory The programme does not meet the current generic quality standards and shows serious shortcomings in several areas. Satisfactory The programme meets the current generic quality standards and shows an acceptable level across its entire spectrum. Good The programme systematically surpasses the current generic quality standards across its entire spectrum. Excellent The programme systematically well surpasses the current generic quality standards across its entire spectrum and is regarded as an (inter)national example. 8 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

9 Summary judgement Standard 3: Assessment and achieved learning outcomes The committee established that its recommendations, which constituted the basis for the improvement plan, have all been taken on board. The committee concluded that the Examination Board has fully taken on its legal responsibilities with respect to safeguarding the quality of assessment. The Examination Board is (pro)active and functions very well, as does the programme s Assessment Committee which functions under the responsibility of the Examination Board. The committee furthermore commends the Examination Board on its assessment policy and the design of the assessment system based on this policy. The committee is very pleased with the assessment system, which is consistent and very wellthought out and of particularly good quality. The committee confirms that the assessment system is well implemented by the BCML programme and commends the programme on its hard work. In addition, the committee assessed the level achieved by the programme s graduates by inspecting all the master s theses produced since the implementation of the remedial measures formulated in the context of the rehabilitation procedure. The committee established that these measures positively affected both the quality of the theses and the quality of their assessment. It concluded that the issues encountered in the theses during the initial visitation in 2012 are now solved. The committee acknowledges the academic quality of the theses and concludes that the programme s graduates obtain the required level. The committee assesses Standard 3 as good. The committee assesses the standards from the Assessment framework for limited programme assessments in the following way: Standard 3: Assessment and achieved learning outcomes good The chair and the secretary of the committee hereby declare that all members of the committee have studied this report and that they agree with the judgements laid down in the report. They confirm that the assessment has been conducted in accordance with the demands relating to independence. Date: 23 January 2014 Prof. dr. J.W. Zwemmer drs. G.M. Klerks QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 9

10 Description of standard 3 from the Assessment framework for limited programme assessments Introduction to the Business, Corporate and Maritime Law programme Erasmus University s Business, Corporate an Maritime Law (BCML) programme is offered by the Erasmus School of Law. It is a self-supporting, non-government-funded, academic, postgraduate LL.M. programme in the field of International Business Law. It is primarily tailored to foreign students. The programme originally started under the name of LL.M. Business & Trade Law. In 2007 it was renamed LL.M. in Business, Corporate and Maritime Law. As the result of a review of the programme, the Executive Board has been requested to rename the programme the LL.M. in Arbitration and Business Law as from September As this new name suggests, the programme now concentrates more on Arbitration and Business Law and pays less attention than before to Corporate and Maritime Law. A formal request for a change of name will be presented to the NVAO together with the request for reaccreditation. Standard 3: Assessment and achieved learning outcomes The programme has an adequate assessment system in place and demonstrates that the intended learning outcomes are achieved. Explanation: The level achieved is demonstrated by interim and final tests, final projects and the performance of graduates in actual practice or in post-graduate programmes. The tests and assessments are valid, reliable and transparent to the students. Findings Assessment system In May 2012, the assessment committee concluded that the BCML programme did not have a clear, well-structured, consistent assessment system. Well-defined procedures or criteria regarding the construction of tests, the assessment of tests and theses in particular, and the choice of testing methods were absent. This resulted in the committee s recommendation to implement an adequate, consistent and well thought out assessment system. Furthermore, the committee also established at that time that the Examination Board (EB) of the Erasmus School of Law (ESL), under whose responsibility the BCML programme falls, was still in a transition phase and had not yet fully taken on its new legal role. Therefore, a further recommendation was that the EB should fully take on its legal responsibilities with respect to safeguarding the quality of assessment. In the context of the current assessment the committee again closely examined the programme s assessment system and the functioning of the EB. Based on the information provided by the critical reflection, the additional documents and the interviews during the site visit, the committee established that much has changed since May The EB has since become much more (pro)active with respect to assessment matters. The committee learned that the EB has formulated an assessment policy, which has been introduced in the faculty and the BCML programme at the beginning of academic year The committee examined the assessment policy closely and learned that it includes a set of rules and regulations which aim at enhancing and safeguarding the quality of assessment. It regulates the roles and responsibilities of the most important players in the assessment context, defines the quality requirements for exams and refers to other documents which define these quality requirements in more detail, e.g. Teaching and Examination Regulations, Rules and 10 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

11 Regulations of the EB, document on the Assessment Plan (cf. 2 below), the Assessment Manual (cf. 1 below) and the rules and regulations concerning the way assessments must be carried out practically. The assessment policy furthermore regulates monitoring of the alignment of the assessment methods with the learning objectives of the individual courses, monitoring of the achievement of the intended learning outcomes of the programmes, monitoring of compliance with the assessment policy and possible measures and sanctions, and the legal protection of students in the assessment context. It also emphasises the importance of promotion of the assessment expertise of examiners. The committee is very pleased with the EB s assessment policy. It is a clear framework document in which all aspects of assessment are addressed at a more general level. More detailed rules and regulations are worked out in supplementary documents. In this context, key documents are the Assessment Manual, which interprets the assessment requirements in a detailed and more hands-on way, and the documents on the Assessment Plan and the Assessment Committees, which both are to be considered crucial elements of the assessment system. 1. The Assessment Manual The Assessment Manual is a rather practical interpretation of the requirements for assessment formulated in the assessment policy and is designed to assist examiners in constructing appropriate tests. It offers advice, regulations, clarifications and procedures with respect to the basic requirements of assessment, assessment modes, peer review, setting the cut-off score, etc. It also offers suggestions for measures and procedures to prevent improper attribution of ECTS (because of fraud, etc.) and rules for giving feedback and for processing and administrating test results. The manual s appendices offer a roadmap for the assessment process and additional information on types of questions that may be used. Although the manual s introduction section gives the impression that the rules and regulations expressed in it are rather informal and not binding, the committee established that this was definitely not the case, as they are in fact binding. The committee commends the EB with the introduction of the Assessment Manual. It is impressed by the thoroughness and wide range of the document and considers it a particularly useful document, which was in fact confirmed by the lecturers during the site visit. The committee does, however, suggest a slight reformulation of the introduction section to communicate the formal status of the regulations defined in it more clearly. 2. The Assessment Plan The assessment policy prescribes that every ESL programme must have an Assessment Plan. The Assessment Plan is drawn up by the programme director and provides information on all assessment related matters of a programme. The Assessment Plan must contain four elements, i.e. 1) the context, which must describe the assessment policy on which the assessment plan is based and the programme s didactic concept, 2) the curriculum, which must offer a description of the courses and of the learning objectives of each course, an indication to which intended learning outcomes of the programme the individual courses contribute, a description of the assessment methods adopted by the courses and a matrix which indicates the relation between the individual courses and the intended learning outcomes of the programme, 3) a description of the tests including issues such as the assessment methods, scheduling of the tests, the assessment and grading models, resits, the way in which the courses are evaluated, etc. and 4) the more practical aspects of assessment, e.g. how and when do students receive feedback, etc. The committee learned from the information provided in the critical reflection that the BCML programme has formulated its Assessment Plan in the beginning of academic year QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 11

12 After close examination, the committee concluded that the BCML Assessment Plan complies with all the criteria for assessment plans defined by the EB. Moreover, the committee concluded that assessment as a whole in the BCML programme is of good quality. The learning objectives of the individual courses are in line with the intended learning outcomes of the programme as a whole, the assessment methods are adequate and fit the learning objectives of the courses and the tests themselves generally are of good quality. However, two courses, i.e. International Business Law and Contract Drafting, are assessed by take home exams. During the site visit, the committee learned from the interviews with the management and the students and alumni that these exams were designed in such a way that fraud is almost impossible. Although the committee considers the management s clarification convincing and established that no fraud has occurred so far, it shares the view of the EB that take home exams are not desirable. The committee is very pleased with the introduction of the Assessment Plan in the faculty in general and in the BCML programme in particular. It is of the opinion that it urges lecturers to give serious thought to how their courses contribute to the intended learning outcomes of the programme as a whole and on whether the chosen assessment methods are in fact adequate. This was confirmed during the site visit by the BCML lecturers, who indeed considered this aspect one of the major advantages of the Assessment Plan. Furthermore, the matrix gives insight in how other courses contribute to the intended learning outcomes and makes it possible to detect possible overlaps between courses. 3. The Assessment Committee Assessment Committees (AC s) were installed by the EB for each programme in the faculty and they function under the EB s responsibility and according to specific EB instructions. They monitor compliance with the assessment policy in the individual programmes and are primarily focussed on enhancing the quality of assessment in the programmes. Each AC consists of three members: one EB member and two lecturers originating from the programme in question. Assessment evaluation by the AC is based on the course study guide (an obligatory document in which the learning objectives and the assessment methods of a course must be described), the test matrix, the test, the assessment and grading model of the test, the test results and, if relevant, the statistic evaluation of the multiple choice questions. The AC evaluates the assessment by a standardized evaluation form, developed by the EB. If necessary, a report with suggestions for improvement is produced for the lecturer responsible for the test in question. The committee is particularly pleased with the introduction of the AC s. It established that the mandate, the delegation of responsibilities and the work instructions are clear and adequate and guarantee a proper fulfilment of the AC s task. The committee is convinced that in a large faculty such as ESL, delegating work to the AC s increases the EB s capacity to act and ensures that the EB is in control. The committee learned from the critical reflection that BCML s AC has been established as of 1 January 2013 and received the specific task to follow-up the implementation of the regulations formulated in the assessment policy, the assessment plan and the assessment manual. BCML s AC, furthermore, had to ensure full compliance with all assessment regulations for two selected BCML courses starting by the end of January The committee learned that the AC assessed the quality of the tests of the courses in question before they were actually held, following a five steps procedure: 1) the lecturer prepares a draft exam, 2) peer review by a colleague is applied, 3) the lecturer adjusts the draft exam using the peer s feedback, 4) the AC evaluates the draft exam using the EB standardized evaluation form, 5) the lecturer adjusts the exam according to the AC s feedback. The committee established that the evaluations of the exams of both courses were carried out in 12 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

13 time and gave rise to substantial improvements in the assessment of both courses. The committee furthermore learned that for academic year all BCML courses will be evaluated and assessed by the AC according to the same procedure. In fact, during the site visit, the test evaluations of the courses which had been offered in terms 1 and 2 of the current academic year were already present. During the site visit, the EB and BCML s AC explained that they prefer the strategy of monitoring and enhancing the quality of assessment in advance to evaluating the assessment after the tests have actually been taken. Given the fact that all tests are renewed each year and that they are all assessed beforehand, the EB and BCML s AC feel that it is sufficient to evaluate tests afterwards only in cases in which problems seem to have occurred. The committee shares this view and is very pleased with the evaluation in advance by both peers and the AC. It is of the opinion that it is better to prevent problems in the first place, than to fix things afterwards. The committee applauds the work done by BCML s AC so far and is very content with its functioning. The committee commends the EB with the actions taken since May The committee is convinced that it has now fully adopted its legal responsibilities with respect to safeguarding the quality of assessment. The committee established that the BCML programme fully complies with the ESL assessment policy or, where it does not yet fully comply, it is in a very advanced stage of implementation. Achievement of the intended learning outcomes In May 2012, the committee could not fully confirm that the intended learning outcomes of the programme were met. The committee considered the academic quality of a significant proportion of theses to be questionable. The theses showed considerable differences in level and English language proficiency and sometimes there were difficulties with the quotation of sources. Furthermore, several theses covered almost the same topic, which, given the fact that the theses were not publicly accessible, made it hard to establish their authenticity. The committee also established that there was not enough consistency and transparency in the grading of the theses at the time. These problems resulted in the committee s recommendations to obligatorily use a standardized thesis assessment and grading form, to develop a written guideline for the writing and structuring of a thesis for students with specific attention to the quotation of sources, to regularly update the thesis topic list for students and to take appropriate measures to improve students English language proficiency. From the information provided by the critical reflection and by the interviews during the site visit, the committee learned that these recommendations have all been addressed. Firstly, ESL introduced a new standardized assessment and grading form for all (post-)master programmes to guarantee the transparency and consistency of the assessment and grading of theses in the faculty. The BCML programme adopted this new grading form and adjusted it to make it suitable for BCML. The committee took note of the fact that the new form in fact has been used by the programme for all theses as of academic year The committee examined the assessment and grading form and established that it is amply adequate. Secondly, for academic year an adapted Thesis Manual for students has been introduced, providing information, amongst others, on the thesis process and time path, on the minimum requirements and the assessment criteria, on how to write a thesis and on how to quote sources correctly. The Thesis Manual also contains an updated thesis topic list. The committee was pleased by the Thesis Manual too, and considers it a very clear and informative document for students. In addition to these measures, the programme has introduced the compulsory Research Skills Lab, which is a module in terms 1 and 2 during QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 13

14 which students are trained in conducting legal research in view of their master s thesis. Attention is paid to formulating research questions and sub-questions, choosing appropriate legal research methods for the research, the collection of materials and the structuring of the written presentation of the research including the correct quotation of sources. All this is practiced by means of the paper assignment for the Conflict of Laws and International Litigation course in November. Not only the content of this paper, but also the English language proficiency demonstrated in it is assessed. In cases language proficiency problems are encountered, the programme helps the student in question to find remedial courses or trajectories to develop the English language proficiency. The committee considers the Research Skills Lab a very useful method to prepare students for their theses. It is also satisfied with the attention paid to the English language proficiency levels. The committee assessed the level achieved by the programme s graduates by inspecting all available theses (18) and associated assessment and grading forms produced since the implementation of the remedial measures presented in the improvement plan. The committee members read the theses and assessed their presentation of the problem and review of the literature, methods and justification, conclusion and discussion, structure, legibility and verification. The assessment of the theses revealed that the remedial measures have paid off. The committee considered all the theses to be of satisfactory quality. Most theses were awarded with intermediate grades (6 or 7/7,5), although some of them were awarded higher grades. The committee noted, though, that a substantial part of the theses is rather descriptive in nature. To raise the level of the theses even more, the committee suggests the programme to stimulate its students to write more research-oriented theses. Contrary to the situation in May 2012, now the committee s assessment of the theses was generally consistent with that of the thesis supervisors. The problems with the quotation of sources have disappeared and the English language proficiency levels have improved. The committee furthermore noted that there now is a sufficient variation in thesis topics and it encourages the programme to keep updating the thesis topic list regularly. Finally, the committee established that the newly adopted standardized assessment and grading form has been used consequently ever since its implementation in the BCML programme. According to the committee this was clearly visible in the assessments and grading of the theses, which now are transparent and consistent. Considerations The committee is impressed by the work done by the EB and the BCML programme and commends them on this. The committee is convinced that the EB has now fully taken on its legal responsibilities with respect to safeguarding the quality of assessment and that it functions very well, as does BCML s AC. The committee applauds the assessment policy formulated by the EB and the further design of the assessment system based on this policy. The committee considers the assessment system of a particularly good quality. In fact, the committee is of the opinion that its quality exceeds the prevalent basic quality generally encountered. The committee furthermore concludes that the assessment system is well implemented by the BCML programme. Therefore, the committee fully confirms that the assessment system functions adequately. The committee is pleased with the remedial actions taken to enhance the quality of the theses and the quality of their assessment. It established that they definitely had a positive impact. The committee assessed all the theses produced since the implementation of the remedial measures formulated in the context of the rehabilitation plan. The committee agreed with the grades awarded by the supervisors and assessed the theses to be of satisfactory quality. The 14 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

15 issues encountered in the theses in May 2012 have been solved. The committee concludes that the graduates achieve the required level. Conclusion Master s programme Business, Corporate and Maritime Law: the committee assesses Standard 3 as good. General conclusion Based on the information provided in the documents examined and the interviews conducted with the various delegations, the committee established that the programme has fully implemented the measures proposed in the rehabilitation plan. Furthermore, the committee is of the opinion that the programme amply satisfies the criteria for Standard 3 and that its assessment system exceeds the prevalent basic quality generally encountered. Therefore, the committee expresses its full confidence in the programme s future. QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 15

16 16 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

17 Appendices QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 17

18 18 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

19 Appendix 1: Curricula Vitae of the members of the assessment committee Em. prof. dr. J.W. (Jaap) Zwemmer (chair) is retired professor of Tax Law at the University of Amsterdam. He studied Notary Law and Tax Law at this university. He received his PhD degree in During several time periods he was dean of the Law Faculty and once of the Faculty of Economics of the University of Amsterdam, and was member of the Advisory Board of the AMC/UvA. In 2007 Zwemmer was interim-rector magnificus of the University of Amsterdam and in 2008/2009 he was interim-dean of the Academic Centre of Dentistry Amsterdam (ACTA). Zwemmer is member of the Royal Academy of Science (KNAW) and is editor of several fiscal journals. Besides his academic activities he was subsitute Councillor of Justice in the courts of Arnhem, s Hertogenbosch and Amsterdam. Zwemmer was a member of the QANU assessment committee of the Economics programmes in 2009/2010 and he was chair of the QANU assessment committee of the Law programmes in 2010/2011. Mr. D. (Dirk) Knottenbelt studied Law at Leiden University and Edinburgh University in Scotland. In 1991 he became lawyer at Nauta Dutilh, where he specialized in the law of carriage of goods, including maritime law. In 1998 he entered the Houthoff Buruma law firm, where he became a partner in At Houthoff Buruma Knottenbelt heads the arbitration team and specializes in complex corporate and commercial arbitration and litigation. A large part of his practice consists of international arbitration work and other dispute resolution procedures with cross-border aspects. His clients include a broad range of Dutch, American, and other international corporations. As counsel, Knottenbelt has acted in national and international commercial and investment arbitrations under the auspices of the ICC, NAI, ICSID and other institutional sets of rules such as GAFTA, NZV, AVZ and FENEX. Knottenbelt also acts as arbitrator in a number of ad hoc and institutional arbitrations. Prof. dr. A.F.M. (Adriaan) Dorresteijn is professor of Transnational Aspects of Corporate Law at Utrecht University. From he was dean of the Faculty of Law, Economics and Governance of Utrecht University and as of 2002 he is a member of the Supervisory Board of Holdings Universiteit Utrecht B.V. Furthermore, professor Dorresteijn is a member of the Scientific Board of European Company Law, as well as a member of the editorial boards of both Maandblad voor Accountancy en Bedrijfseconomie and Onderneming & Financiering. Professor Dorresteijn s most recent publications include writings on the law on groups of companies and on European Corporate Law. QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 19

20 20 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

21 Appendix 2: Domain-specific framework of reference The objective of the Post Graduate LL.M. BCML is to equip its graduates to play effective legal roles in business areas of activity. In these areas globalisation plays a vital role; it is therefore important that graduates of the program are equipped to work outside their cultural backgrounds. The program seeks to equip students to develop an international approach to problems and problem solving and encourages students to think in international terms. It also seeks to encourage the knowledge and skills necessary to work across cultures and jurisdictions. Thus, the program has sought to provide its students with a combination of substantive knowledge, cultural sensitivity, and the analytical and practical skills that will enhance their opportunities and performance on the job market both locally and internationally. It also looks to the future by equipping them with knowledge and skills necessary to keep pace with the dynamic changes in the core areas of business and dispute settlement law. These objectives are implemented by a primarily seminar-teaching format which facilitates interactive teaching, case and problem solving methods, student team presentations and research and other skills training. Apart from the above in terms of cross-cultural and dynamic approach and attitude, the Program as to contents is focused on the globalization of business law and dispute settlement as evidenced by its two core mandatory courses (i.e., Conflict of Laws, International Litigation and Arbitration on the one hand and International Business Law on the other hand) which do not concentrate on the law of one single jurisdiction but attempt to give a worldwide perspective on key problems of business and dispute settlement law and the various answers in different jurisdictions as to these problems including the uniformity achieved through self-regulation and international official uniform law. Pursuant to this approach, students become familiar with a transnational approach to business law from the perspective of different jurisdictions, of self-regulation and of uniform law. The domain specific reference framework is based on the paradigmatic change from the postulate of the national state to a new postulate of globalization (see for instance K. P. Berger, The Creeping Codification of the New Lex Mercatoria (Alphen aan den Rijn, Kluwer Law International, 2010), 422 et seq.; Foundations and Perspectives of International Trade Law, ed. I. Fletcher, L. Mistelis, and M. Cremona (London: Sweet & Maxwell 2001); F. De Ly, International Business Law and Lex Mercatoria (Amsterdam, North-Holland, 1992; Rules and Networks: The Legal Culture of Global Business Transactions, ed. R. Appelbaum, B. Felstiner, and V. Gessner) (Oxford: Hart Publishing, 2001); The unification of international commercial law through EC- Directives and international conventions, Tilburg Lectures, April 2 4, 1996, F. Ferrari, ed. (Baden- Baden, Nomos Verlag, 1998). Under a globalization postulate, account is to be had of the emergence of regional organizations with law-making powers (such as the EU), the increasing importance of uniform law including self-regulation (lex mercatoria) and the emergence of parallel regulations. These developments are particularly relevant and important in the field of international business law and pose specific challenges for students to learn about these developments and to develop skills to be capable of addressing this changing legal landscape and need to be translated in appropriate learning outcomes. The Postgraduate LL.M. offers students who have graduated in the study of law and are qualified to enter into professional practice in their home countries with the opportunity to obtain post-graduate specialist knowledge in business and dispute settlement law. The qualifications obtained in the Postgraduate LL.M. extend beyond those obtained as a result of the completion of a regular Dutch master in law program because of the level of development of in-depth knowledge of business and dispute settlement law. There is also a QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 21

22 close link between teaching activities and practical instruction of what obtains in the real world. The Post-Graduate LL.M. also enhances the career opportunities of graduates because it indicates that the lawyer has acquired advanced, specialized legal training and is qualified to work in multinational legal environments. The Post-Graduate LL.M. in itself does not qualify graduates to practice law and the Program is of an academic and not of a professional or vocational character. 22 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

23 Appendix 3: Intended learning outcomes Final qualifications Specific competence in the fields of Business and International Commercial Arbitration law theory and practice; Increased knowledge about the international and comparative dimensions of the international regulatory environment for businesses; Enhanced familiarity with the methodologies of business law research and the capacity to critically and creatively assess the results of this research and apply these results in their own research; The capacity to work within teams where expertise in the various fields of Business Law (i.e. Business Transactions and Corporate Law) is represented; A practice oriented approach to problem solving (i.e. an approach under which uncertainties regarding theories and black-letter law are translated into solutions to cope with business risks); In-depth knowledge of the theoretical and practical aspects of the methodologies and international instruments employed in the resolution of issues and (alternative) disputes relating to international commercial practice; Ability to draft pleadings for arbitrational cases; Ability to understanding procedural and substantive rules of International Arbitration; Ability to communicate effectively among involved parties in International Commercial Arbitration; Ability to understanding the commonly accepted usages of International Arbitration terms and practices. General end qaulifications and intended learning outcomes The Intended Learning Outcomes to be linked to the abovementioned Final Qualifications are outlined below as to its constituent parts in accordance with the Dublin Descriptors: 1. Knowledge and Understanding 2. Applying Knowledge and Understanding 3. Making Judgments 4. Communication, and 5. Learning Skills. 1. Subject knowledge and understanding a. Students should have specialist knowledge of the principal features of business law in its comparative and international setting including general familiarity with its sources, institutions and arbitration procedures. b. Students should have specific competence in the fields of business law and arbitration in theory and practice. c. Students should know the principles and values in a wide range of topics extending beyond the core subjects of international business and arbitration law. d. Students should have some in-depth knowledge of specialist areas related to international business and arbitration law. e. Students should be able to demonstrate insider s understanding of how international business law fits together and operates. QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 23

24 2. Subject application/problem solving a. Students should be able to apply knowledge to situations which engage with doctrinal disputes. b. Students should be able to conceive problems as opportunities to demonstrate familiarity wth doctrinal and conceptual difficulties and to provide their own solution to unresolved debates including a practice oriented approach to problem solving (i.e. an approach under which uncertainties regarding theories and black-letter law are translated into solutions to cope with business risks). c. Students should be able to demonstrate this application over a wide range of legal issues related to international business. 3. Making judgments a. Students should be able to identify issues in terms of policy and doctrinal importance. b. Students should be able to produce clear doctrinal synthesis and summary of policy issues. c. Students should be able to evaluate international business law both independently in terms of dctrinal coherence and in relation to other policy perspectives which have been taught specifically. d. Students should be able to create new or imaginative solutions through approaching a problem or using material in different ways. 4. Communication a. Students can engage in academic debate in a professional manner. b. Students are able to communicate proficiently in legal English both in terms of speaking and of writing in relation to specialist material. c. Students are able to read a range of complex works within and about international business and arbitration law and to summarize their arguments accurately. d. Students are able to write fluent and complex prose, using legal terminology correctly. e. Students are able to do an in-depth research and analysis of a complex issue regarding international business and arbitration law and to present the results of the research in an extensive paper and in an oral presentation. 5. Learning skills a. Students should be able to identify and use primary legal sources and journals relevant to the topic under study and be familiar with the methodologies of research regarding international business and arbitration law. b. Students should be able to identify contemporary debates and engage with these while accurately reporting the position of international business law in an area. c. Students can act independently in planning and managing tasks with limited guidance in areas which they have studied. d. Students have proficient use of word-processing, standard library and information retrieval systems, and internet resources. e. Students have obtained an initial familiarity with translating knowledge into practical legal skills such as negotiating, strategic legal planning, drafting of documents and oral presentation of legal arguments. 24 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

25 Appendix 4: Overview of the curriculum Post-graduate LL.M. Business, Corporate and Maritime Law (to be renamed Arbitration and Business Law) 2013 onwards: program chart First Term ECTS Second Term ECTS Conflicts of Law and International Litigation (RR73) 10 Carriage of Goods (RP97) 5 Fundamentals of Arbitration Law (new course) 5 International Corporate Law (RR71) 5 International and Comparative Arbitration Law (new course) 5 Total 15 Total 15 Third Term ECTS Fourth Term ECTS International Business Law (RR63) 5 International Business Law (RR63) 5 Contract Drafting (RR64) 5 Dissertation 10 Choice of one Elective Course Elective 1: Willem C. Vis Arbitration Moot 5 Elective 2: Arbitration Skills (new course) 5 Total 15 Total 15 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 25

26 26 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

27 Appendix 5: Programme of the site visit Date: November 26, 2013 Venue: Desiderius Room, Fifth Floor, L-Building Initial (internal) meeting committee/reading of materials Management Prof. Dr. F. De Ly, Program Director Prof. mr. G. Meijer, Professor of Arbitration and Dispute Resolution Law Mr. M. Verbrugh, ESL master s programmes director (excluding Criminology and Tax Law) Examination Board and Assessment committee Prof. Dr. R. Staring, Chair ESL Examination Board Mr. J. de Wit, Vice-Chair ESL Examination Board Mr. A.G.M. Klaassen, Chair BCML Assessment Committee Prof. mr. X.E. Kramer, Member BCML Assessment Committee Mr. L. van Bochove, Member BCML Assessment Committee Lunch Lecturers Mr. L. van Bochove, Lecturer Conflict of Laws and International Litigation Mr. M. Hoeks, Lecturer Carriage of Goods Prof. mr. P. Storm, Lecturer International Corporate Law Prof. Dr. F. De Ly, Lecturer International and Comparative Arbitration Law, Contract Drafting and International Business Law Mr. E. Mak (lecturer Research Skills Lab) Students/alumni Kleopatra Koutouzi (Class of 2013) Iuliia Konakova (Class of 2013) Shuo Ma (Class of 2013) Denis Kashperiuk (Class of 2013) Trang Nguyen (Class of 2014) Marion Elisabeth (Class of 2014) Mario Seixa Coelho Jr. (Class of 2014) Establishing findings and preparation final meeting Final meeting with management Prof. mr. S. Stoter (Dean ESL) Mr. M. Verbrugh Prof. Dr. F. De Ly QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 27

28 28 QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam

29 Appendix 6: Theses and documents studied by the committee Prior to the site visit, the committee studied the theses with the following titles: 1. The Obscure Incorporation of Charter Parties Into Bills of Lading- How to determine which Charter Party exactly was sought to be incorporated into Bill of Lading, provided that several Charters are present and the exact choice is unclear. 2. Authentication of Electronic Presentation of Letters of Credit by means of Digital Signature Under eucp Version 1.1 and Directive 1993/93/EC on a Community Framework for Electronic Signatures 3. The cross-border transfer of company Seats within the European Union 4. The protection of public investors under the United States laws and regulations concerning backdoor listing transactions. 5. Arbitration of company-law disputes in the United States - arbitrability considerations 6. Piercing the corporate veil 7. Directors Position in Hostile Takeovers: Delaware Law vs. European Takeover Bid Directive 8. Possibilities of Cross-border Acquisitions between Chinese state-owned Companies and EU Companies 9. Denunciation of the ICSID convention effects on current investments and bilateral investment treaties 10. E-commerce in Social Networking Sites from the perspective of EU Privacy Regulation 11. The role of a company secretary in corporate governance: a case for Rwanda 12. Asbatankvoy proform as the most popular form of a Tanker Voyage Charterparty 13. Interim measures in international commercial arbitration proceedings after amendments to the UNCITRAL Model Law on International Commercial Arbitration 14. To what extent do state-controlled enterprises in Suriname operate in a transparent manner? 15. The Scope of the Arbitration Agreement - A comparative research of English and German law 16. The Liability of the Performing Parties Under the Rotterdam Rules 17. The Application of the Brussels I Regulation to Third States 18. A Comparative Study of Normative Influencing Factors Accommodated In the Validity of Electronic Contracts: Overview and Implications for Chinese Legislation Before and during the site visit, the committee studied, among other things, the following documents (partly as hard copies, partly via the institute s electronic learning environment): Implementation Plan (improvement plan) Document on the ESL Assessment Policy Document on the function and tasks of Assessment Committees Assessment Manual Assessment Plan BCML (which also includes information on final attainment levels per course, the academic skills per course, the test types per course) Thesis Manual QANU / Business, Corporate and Maritime Law, Erasmus University Rotterdam 29