units

LAW7658

Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

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LevelPostgraduate
FacultyFaculty of Law
OfferedSunway Term 3 2013 (Day)

Synopsis

This unit explores the main legal issues involved in the resolution of legal disputes between private (that is, non-state) parties in an international setting. In that respect, we will consider in detail the two major systems of dispute resolution: litigation before national courts and arbitration before private arbitral tribunals. We will analyze and compare the legal issues that may arise at the different stages of an international dispute in each of these systems and on that basis discuss the policy issues involved in each context and the considerations that will become relevant for parties when deciding which kind of dispute resolution system to choose. Particular emphasis will be on

  1. the initiation of the proceedings (jurisdiction and forum selection clauses, arbitration agreements and arbitrability),
  2. the conducting of the proceedings (service of process, taking of evidence) and
  3. the recognition and enforcement of the respective decisions (court judgments and arbitral awards).

Outcomes

On completion of this unit, a student should be able to:

  1. apply knowledge of the principles of international litigation and arbitration and the legal framework governing international litigation and arbitration and exercise analytic skill and professional judgment to generate appropriate responses to moderately complex problems;
  2. critically evaluate, integrate and apply concepts, theories and problems in international litigation and arbitration;
  3. research independently, synthesise and analyse information about international litigation and arbitration to create new understandings of current and emerging problems; and
  4. interpret, communicate and present ideas and arguments relating to international litigation and arbitration effectively and persuasively to specialist or non-specialist audiences and peers.

Assessment

Class participation: 10%
One research assignment (4,500 words): 60%
Examination: 30%

Chief examiner(s)

Contact hours

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.