units

LAW5055

Faculty of Law

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This unit entry is for students who completed this unit in 2016 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.

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Offered

Clayton

  • First semester 2016 (Day)

Synopsis

Examination of UN Model Law on International Commercial Arbitration, Vienna Convention on Contracts for the International Sale of Goods and cases from around the world. Focus is on oral advocacy, research skills, strategic thinking and team work. The subject culminates in an international arbitration moot competition, and some students will be selected to represent Monash (in Vienna or Hong Kong).

Outcomes

At the successful completion of this Unit, students will be able to:

  1. Prepare legal arguments by applying an intellectual and practical synthesis of: a thorough understanding of law relevant to complex cross-border commercial disputes; firm grasp of a complex factual scenario; and an appreciation of policy and principles behind development of the law; an thorough understanding of contemporary developments in international commercial law and its professional practice.
  2. Identify and apply legal reasoning and research to generate appropriate and persuasive argument and to develop and articulate complex legal issues; apply, engage in critical analysis and make strategic choices distinguish between different approaches in comparative law; assess strengths and weaknesses in legal argument from strategic and substantive perspectives; have a developing ability to exercise professional judgment; and demonstrate sophisticated cognitive and creative skills in approaching difficult legal issues and generating appropriate responses.
  3. Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues, including a demonstrated ability to locate, isolate and thoroughly understand appropriate materials such as cases, scholarship, uniform texts and other instruments for use in an international arbitral setting.
  4. Reflect upon and recognise ways to articulate persuasively in light of personal abilities, exercise a high degree of professional and practical judgement to predict likely arguments of opponents and techniques in responding to these and to queries from an audience of a panel of experts with varied legal and professional backgrounds, and to collaborate effectively within a team to produce individual and group outcomes that maximize strengths.
  5. Learn and work with a high level of individual autonomy, responsibility, and professionalism, reflect on and assess their own capabilities and performance, and make use of feedback to accelerate personal and professional development.

Assessment

Two Written Memoranda (Team) 20%
Oral Assessment (Mooting): 80%

Workload requirements

The unit requires a far larger workload commitment than other units, approximately 300 hours, during the period of October-April. [NB This is beyond the standard workload, because the team represents the university, and is a small, select group. All students take on the subject only after an interview, during which the extraordinary workload is explained to them.]

Prerequisites

None

Note: JD students cannot enrol in elective units until they have completed 72 credit points of compulsory units, therefore they will have completed units such as Contract and Public law and statutory interpretation, which are necessary for successful participation in the Unit.