units

LAW7339

Faculty of Law

18 September 2017 22 December 2024
Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2012 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 2012

Notes

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

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.

Outcomes

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

Research assignment (3,750 words): 50%
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): 100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)