Undergraduate - UnitLAW4179E - International commercial arbitration

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Synopsis

The object of this unit will be to examine the principles and practices of this 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 unit 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.

NB Quota applies.

Outcomes

To make students familiar with the growing area of dispute resolution in international commerce so that they can better advise clients, both domestic and foreign. By the end of the unit, 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 material, 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. Take home examination: 50%

Chief examiner(s)

Dr Normann Witzleb

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104