Postgraduate - UnitLAW7339 - Arbitration of international commercial disputes

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.

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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.

Level	Postgraduate
Faculty	Faculty of Law
Offered	City (Melbourne) First semester 2014 (On-campus block of classes)

Notes

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

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

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

introduce students to the most significant current issues in relation to international commercial arbitration
develop students' understanding of the advantages and disadvantages of international arbitration compared to other dispute resolution methodologies
invite students to evaluate different procedural models that may be used
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
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%

Chief examiner(s)

Mr Michael Wolff

Workload requirements

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