LAW4179E

International commercial arbitration 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Prato Term 2 2006 (Day)

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 agreemnet 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 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: Examination (2.5 hours writing time plus 30 minutes reading and noting): 100% OR Examination (1.25 hours writing time plus 30 minutes reading and noting): 50% + Research essay (4000 words): 50%

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society