Andrew Tettenborn joined the School in 2010 from the University of Exeter as Professor of Commercial Law. His interests lie in private, commercial and maritime law generally. He teaches widely at Swansea in those subjects, and most years also teaches aspects of contract law at the University of Geneva in Switzerland.
Andrew is a member of the Institute of International Shipping and Trade Law at Swansea University
This module delivers a comprehensive and practice-oriented immersion into the intricacies of advanced legal practice, centering on the method of mooting to simulate the dynamics of complex litigation and arbitration proceedings. It serves as a vital bridge between academic study and professional application, designed to cultivate the essential skills required for effective legal advocacy in demanding environments. The learning experience is structured through a dynamic blend of interactive seminars and practical advocacy labs, ensuring a robust foundation in both theory and technique. The progression of the curriculum is carefully scaffolded to build student confidence and capability. It commences with foundational exercises and introductory mini-moots, which function as highly effective icebreakers and low-stakes opportunities for initial skill development. These early activities allow participants to build core competencies in a supportive setting. Through this structured journey, students methodically develop and refine a suite of key professional skills, including sophisticated legal research and analytical reasoning, compelling oral and written advocacy, persuasive presentation, and active critical listening. Participants receive continuous, tailored feedback and guidance throughout this developmental process, which culminates in the meticulous preparation for a major Internal Moot Competition. This capstone event is designed to replicate the rigorous atmosphere of an actual hearing, serving a dual purpose as a summative assessment and a significant professional networking opportunity. It facilitates meaningful engagement with peers, faculty, and members of the practicing legal community. Ultimately, by transforming theoretical knowledge into applied expertise, this module offers an exceptional experiential platform for students to develop the practical, high-level advocacy skills that are fundamental to a successful and impactful career in the legal profession.
This module provides students with the opportunity to undertake an independent, in-depth research project on a topic relevant to their programme. It is designed to develop advanced research, analytical, and critical evaluation skills essential for legal scholarship and professional practice. Students will identify a research question of significant relevance to the discipline and produce a substantial dissertation that demonstrates mastery of the subject matter. The module emphasises rigorous engagement with primary and secondary sources, enabling students to critically assess current research and advanced scholarship in the field. Through sustained analysis, students will synthesise doctrinal principles and policy considerations, presenting a coherent and well-structured argument that reflects originality and intellectual independence. The dissertation process also fosters the ability to advance knowledge and understanding beyond existing literature, equipping students with transferable skills for future academic or professional development.
This module deals in detail with the English law relating to the international sale of goods. It covers general sales law. As well as this it deals with specific issues that arise in international sales law such as force majeure, agency, remedies, and form contracts such as FCA, FOB and CIF. With a good understanding of it, students will be able legally to see an international trade transaction through from beginning to end. It concentrates on English law, but reference is made to other systems for comparison. English law is particularly relevant here because a great deal of international trade is conducted subject to contracts providing for English law and jurisdiction; in addition the law of big hitters in commerce, such as Canada, Australia, New Zealand, Nigeria, Singapore and Hong Kong is closely based on it. The law of other Commonwealth countries such as India and Bangladesh is similar.
This module offers a critical and comprehensive examination of the legal and financial frameworks that govern the national and international transportation of goods and passengers by air and road. With a special focus on the aviation sector, the module also provides a comparative analysis with ship finance. The material will delve into the impact of existing laws on the use of new transport systems, such as Uncrewed Aircraft Systems (UAS), also known as drones, and Vertical Take-Off and Landing (VTOL) aircraft. Carriage of Passengers and Cargo This section critically analyses the international treaties governing the carriage of passengers and cargo, with a particular emphasis on the Montreal Convention 1999 (MC99). ¿ Air Carriage: The module examines the passenger liability system of the MC99, including the two-tiered liability and the carrier¿s defences under Articles 20 and 21(2). It explores the concept of "bodily injury" and "accident" as prerequisites for a valid claim, drawing from influential cases. The module also covers baggage claims, differentiating between the liability of checked-in and carry-on baggage, and discusses how passengers can claim more than the standard SDR limits through special declarations. The exclusivity principle of the Convention, enshrined in Article 29, is a core focus, including its relationship with domestic laws and EU regulations, such as Regulation 261/2004, concerning flight delays and cancellations. ¿ Road Carriage: The module introduces the legal framework for the international carriage of goods by road, focusing on the Convention on the Contract for the International Carriage of Goods by Road (CMR). You will learn about the key provisions of the CMR, including its history, aims, scope of application, and carrier's liability. It also covers specific aspects of multimodal transport, such as piggyback and roll-on/roll-off (ro-ro) operations. Asset Financing This part of the module examines the nature and function of credit and other financing mechanisms, including mortgages and leasing. ¿ Aircraft Finance: The module examines various financing methods, including loans secured by mortgages, finance leases, and operating leases. It highlights why finance leases have become the most popular method for financing aircraft acquisitions and explores the challenges of aircraft mortgages, such as the mobility of assets and differing jurisdictional laws. The module provides an overview of the key legal concepts under English law, including attachment, perfection, and the priority of competing security interests. ¿ International Interests and the Cape Town Convention: A significant portion of the module is dedicated to the Cape Town Convention on International Interests in Mobile Equipment 2001 and its Aircraft Protocol. It covers the convention's aims, such as facilitating financing and providing creditors with remedies for default and insolvency. The module also details the first-to-file priority rule of the international registry. ¿ Ship Finance: The module offers a comparative analysis of aircraft finance with ship finance, focusing on the prevalent forms of financing, such as ship mortgages and finance leases. It highlights the unique challenges of ship mortgages, including the risk of permanent loss and the mobile nature of the assets, which can lead to complex jurisdictional issues regarding arrest and the validity of mortgages.
International commercial disputes that cannot be otherwise resolved are customarily referred to arbitration. As such, a global network of arbitration organisations and international institutions exists to address references to arbitration. The module examines the arbitration structures that exist to resolve international disputes in the context of commercial arbitration, as well as the associated questions of private international law. It has two main aims, an internal and an external one. The internal aim of the module focuses on the journey of an arbitration from start to finish, with the arbitration agreement at its core. This agreement is a foundational contract in which the parties agree to resolve any future disputes through arbitration rather than litigation. It is a key expression of party autonomy¿the principle that parties are free to choose the terms of their dispute resolution. The module will break down the process into several stages: ¿ Drafting and Validity: You will learn how to draft a valid arbitration clause and analyse common challenges to its enforceability, such as issues of capacity or duress. ¿ The Arbitral Tribunal: You'll study how arbitrators are selected, what qualifications they need, and the role of institutions like the International Chamber of Commerce (ICC) or the London Court of International Arbitration (LCIA) in facilitating this process. ¿ The Hearing: This stage involves the presentation of evidence and arguments. You will likely cover the procedural rules that govern the hearing, which the parties or the arbitral institution often set. ¿ The Award: This is the final decision of the arbitral tribunal. Unlike a court judgment, an arbitral award is a private document. The module will cover the necessary elements of a valid award and the grounds on which it can be challenged. ¿ Enforcement: A crucial part of the process is making the award legally binding and enforceable across different countries. You will examine the New York Convention of 1958, a landmark treaty that provides a framework for the recognition and enforcement of arbitral awards. The external aim of the module is to explore the dynamic and sometimes tense relationship between arbitration and national legal systems. This is where private international law comes into play, determining which country's laws apply to a dispute and which country's courts have jurisdiction. This part's fundamental question¿"what are the limits of the Court¿s role in the arbitral process?"¿highlights the principle of minimal curial intervention. National courts generally respect arbitration agreements and try not to interfere, but there are specific circumstances where they can get involved: ¿ Assisting Arbitration: Courts can assist the process by, for example, granting interim measures like freezing assets or compelling a reluctant witness to testify. ¿ Reviewing and Setting Aside Awards: Courts can review an award on a number of grounds that we will explore. ¿ Enforcing Awards: As mentioned above, a court may be asked to enforce an award under the New York Convention. However, the court can refuse enforcement if a party can prove one of the limited grounds for refusal, such as a lack of a valid arbitration agreement.
This module introduces the core principles and legal framework of Admiralty law, a central branch of maritime law that governs rights and liabilities arising from the operation of ships. The module examines the principal areas of Admiralty jurisdiction, including liability for collisions, the powers and duties of port and harbour authorities, salvage operations, towage contracts, and the carriage of passengers by sea. A key focus is placed on the international conventions and domestic legislation that underpin these regimes, as well as on the complex interplay between contractual obligations and tortious liability. Students will also study the limitation of shipowners¿ liability and the mechanisms available for the enforcement of maritime claims, such as ship arrest and related procedures. In doing so, the module will highlight the practical importance of Admiralty law in securing maritime claims and ensuring fair outcomes between competing interests. By engaging with case law, statutes, and international instruments, students will gain a detailed understanding of the rights and responsibilities of shipowners, operators, salvors, passengers, and other stakeholders. This module therefore provides both a conceptual and practical grounding in Admiralty law as applied internationally.
Oil & Gas Law: Contracts and Liabilities is designed for students seeking to specialise in the sophisticated legal arena of the UK and international energy sector. The module offers a comprehensive and critical examination of the foundational contractual and liability frameworks governing oil and gas operations, with a primary focus on English law. Students will embark on a detailed journey through the lifecycle of a hydrocarbon project, from the initial licensing of UK Continental Shelf (UKCS) blocks under the Petroleum Act 1998 to the complex commercial arrangements for development, operation, and sale. The module provides an in-depth analysis of the key contractual instruments¿including Licences, Joint Operating Agreements (JOAs), and specialised contracts for drilling and hydrocarbon sales¿that define relationships and allocate significant financial and operational risks between states, operators, contractors, and co-venturers. Particular emphasis is placed on the standard forms prevalent in the UK sector, such as LOGIC contracts and the AIEN (AIPN) JOA. A core pillar of the module is the rigorous study of liability regimes under English common law and statute. This includes a dedicated focus on oil pollution liability from offshore operations, alongside the analysis of indemnity structures for operational incidents, property damage, and personal injury. Students will critically analyse seminal cases, complex indemnity clauses (including knock-for-knock regimes), and the contractual management of risk across the project chain. By synthesising black-letter law with commercial practice, the module equips students with the expert analytical toolkit required to navigate, advise upon, and critique the legal architectures that underpin one of the world¿s most capital-intensive and strategically vital industries.
This module offers a comprehensive and in-depth examination of the legal and commercial implications of Artificial Intelligence (AI), with a primary focus on its applications in transportation systems, particularly automated vehicles. While AI is a staple of modern commerce, its integration raises fundamental questions about its function within existing legal frameworks. The module first establishes a foundational understanding of the core AI technologies and their limitations, before delving into the legal challenges they present. The module will begin with a non-technical overview of AI, differentiating between key technologies such as Machine Learning (ML) and Symbolic Reasoning. We will examine how these technologies are used in autonomous vehicles for perception (building a model of the surrounding reality) and reasoning (planning actions). This includes a critical look at the inherent limitations of ML, such as the Pareto principle and the ¿black box¿ problem of non-explainable AI, which can lead to biases and challenges in determining fault. The module will also explore data privacy issues related to in-vehicle cameras and the collection of real-world data. Building on the technological foundation, the module will critically analyse how existing and new legal frameworks are adapting to AI. The core of the legal discussion will revolve around two key pieces of UK legislation: ¿ the Automated and Electric Vehicles Act 2018 (AEVA 2018). We will examine this innovative piece of legislation and its primary objective of providing a swift and seamless path to compensation for victims of accidents involving automated vehicles. The module will dissect its system of strict liability for insurers, the specific exceptions to this liability, and the complex issues it raises regarding causation and contributory negligence. We will also consider the commercial rationale behind this approach and the role of insurance in this new landscape. ¿ Automated Vehicles Act 2024 (AVA 2024): This module is among the first to explore the comprehensive regulatory framework introduced by this Act. We will delve into the new legal concepts it presents, such as the ¿self-driving test¿ and the designation of an ¿Authorised Self-Driving Entity¿ (ASDE), which is legally responsible for the vehicle's performance. The module will also examine the new licensing requirements for operators of automated passenger services and the marketing restrictions designed to prevent consumer confusion. Beyond statutory law, the module will examine how traditional private law is grappling with the implications of AI. This includes an in-depth look at ¿ Product Liability: We will examine the liability of manufacturers and other parties (such as component suppliers and programmers) in cases of accidents caused by defective vehicles or embedded software, considering both negligence and strict liability under the Consumer Protection Act 1987. ¿ Law of Obligations (Tort and Contract): The module will address fundamental questions about whether AI can be a legal subject. Can a machine be negligent or malicious? Can it know or form a legal intent to contract? We will examine how concepts such as misrepresentation, duress, and professional duty of care apply when AI is involved in a transaction or service. ¿ Intellectual Property (IP): The module will analyse the complex challenges AI poses to copyright, patents, and trademarks. We will discuss the debate over AI-generated works, authorship, and whether AI can be considered an inventor, referencing key legal cases. We will also explore the impact of AI on trademark law, including the concept of the ¿average consumer¿ in an age of AI-driven commerce and product recommendations. ¿ LegalTech: Finally, we will examine the use of AI within legal practice itself, including a look at foundational technologies like Akoma Ntoso, which is a standard for tagging legislative and judicial documents, and how these technologies can
The rapid evolution of digital technologies has fundamentally transformed the way commercial transactions are conducted and governed. This module examines the legal foundations, regulatory challenges, and private international law implications of electronic commerce and distributed ledger technologies (DLT). In the first part of the module, students will explore the formation, content, and enforcement of online contracts, with a focus on consumer protection, jurisdictional challenges, and the regulation of online commercial activities such as domain name registration and brand protection. The second part introduces the legal and commercial significance of distributed ledger technologies, including blockchain, smart contracts, and digital assets. Students will examine the emergence of electronic trade documents, the recognition of digital tokens as property, and the cross-border legal issues that arise in relation to jurisdiction, applicable law, and enforcement. The module concludes with an exploration of online dispute resolution mechanisms and their potential to enhance access to justice in the digital economy.
Artificial Intelligence (AI) is becoming integral to the fabric of modern society and is already a staple of commercial organisations and businesses looking to enhance their productivity. It has been used for a variety of reasons, such as the reduction of financial paperwork via the electronicisation of commercial payments (that are now regularly made by computer), and increasingly for the incidence of smart contract payments automatically triggered by a payee¿s computer acting in collaboration with the debtor¿s IT systems. Where goods are ordered automatically (e.g. an industrialist¿s computer hooked up to a component supplier¿s server), they can also give rise to the formation of entirely new contracts. This module will focus on the use of AI within commercial and legal settings. It is often the case that once the technology is put in place issues will arise, such as the question of whether such technology can function within the parameters of existing legal rules. Human rights ¿ even within a commercial framework ¿ must also be considered as part of any analysis concerning the use of AI (notably, for example, the right to privacy). Overall, this module intends to provide an in-depth analysis of AI in the context of existing private legal rules while also exploring its role in society, what legal frameworks need to be developed.
Distributed ledger technology (DLT) is an integral part of the emerging digital transformation taking place within commercial and financial industries. It has the potential to dramatically alter the way businesses operate, providing improved efficiency of current client requirements and opening doors for new services. In simple terms, DLT is a database that is distributed across several independent computing devices (nodes) where changes to data are protected and managed by cryptography and consensus ensuring that data cannot tampered with and that all parties have identical copies that can be considered as a reliable source of truth. This module intends to analyse the legal position of those employing such ledgers in the context of their businesses. To appreciate the potential legal problems emerging, the applications of such ledgers in different areas of commercial law (finance, insurance, shipping) will be studied. The module will then discuss whether any change in private law rules is required to ensure that such ledgers do not create unexpected consequences for relevant parties. Regulators are also actively exploring the need to regulate the use of such ledgers. Regulation is rather challenging in this area due to potential jurisdictional problems, and overly strict regulation could potentially reduce the commercial values of such ledgers. These issues, along with others, will be discussed as part of this module.
