units

LAW4179

Faculty of Law

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Monash University Handbook 2011 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2011 (Day)

Synopsis

The objective of this unit will be to examine the principles and practices of this new area as reflected in the rules of the major arbitration institutions, the national arbitration laws (with particular emphasis on Australia) and arbitral tribunal decisions. The topics to be considered in the course include: the nature of international arbitration, the types of arbitration, the legal framework, the agreement to arbitrate, judicial enforcement of the agreement, the powers of the tribunal and the conduct of the arbitration, the arbitral award and challenge to the award

Objectives

To make students familiar with a growing area of dispute resolution in international commerce so that they can better advise clients, both domestic and foreign. By the end of the course, students should have a grasp of the practical aspects of arbitration, how to draft arbitration clauses, how to enforce awards and the preferred rules in a given case. In addition, through examining comparative legal materials, students should develop an appreciation of international solutions to domestic problems.

Assessment

Two only of the following 3 options:
1. Assessed moot (each of four students will speak for 15-20 minutes): 50%
2. Research essay (2500 words): 50%
3. Examination - two day take-home: 50%

Chief examiner(s)

Professor Jeff Waincymer

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104