LAW7339 - Arbitration of international commercial disputes

Leader: Professor Jeff Waincymer

Offered

City (Melbourne) Term 4 2008 (On-campus block of classes)

Synopsis

The unit analyses international commercial arbitration from an advanced practical and theoretical perspective, its sources of law and the ways in which it is integrated with domestic legal systems. Attention is given to the conduct of arbitrations, the elements of the Award, court supervision and enforcement. Specific attention is given to contractual disputes and also the emerging area of international investment disputes.

Objectives

The objectives of the unit are to;

1. introduce students to the most significant current issues in relation to international commercial arbitration

2. develop students' understanding of the advantages and disadvantages of international arbitration compared to other dispute resolution methodologies

3. invite students to evaluate different procedural models that may be used

4. have students develop an understanding of the relationship between party autonomy and court supervision in relation to recognition and enforcement of awards and in relation to interim measures of protection

5. enable students to identify and evaluate the emerging challenges thrown up by certain types of commercial disputes, particularly contractual and investment disputes, the latter involving States as parties and which also involve Investment Treaties.

Assessment

One research assignment (3,750 words): 50% One take-home examination (3,750 words) OR participation in a graded moot simulation (including preparation of a written memorial): 50%. In appropriate cases determined by the lecturer, assessment may be one research assignment (7,500 words) for 100% of the marks.

Prerequisites

None

Co-requisites

None

Prohibitions

None