units

LAW7179

Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2014 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

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

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2014

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html

Synopsis

This unit examine the principles and practices 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.

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.

  • apply knowledge of key principles in dispute resolution in international commerce and exercise analytic skill and professional judgment to generate appropriate responses to moderately complex problems requiring advice to domestic and foreign clients
  • critically evaluate, integrate and apply abstract concepts to legal issues or considerations that typically arise in relation to the drafting and arbitration clauses, the enforcement of awards and the preferred rules in a given case
  • research independently, synthesise and analyse information about dispute resolution in international commerce to create new understandings of key developments that contribute to professional practice or scholarship
  • effectively and persuasively interpret, communicate and present ideas and arguments relating to dispute resolution in international commerce.

Assessment

Two only of the following three options:
Assessed moot: 50%
Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%