Postgraduate - UnitLAW7443 - Arbitration of domestic commercial disputes

Arbitration is now a key formal means of resolving disputes in relation to domestic commercial agreements. It raises many significant issues and challenges. The first question is how private parties are able to agree to resolve disputes in this way and how such agreements are to be respected by court institutions. The unit aims at being an advanced postgraduate unit highlighting the most significant current issues in domestic arbitration scholarship and practice. It begins with a conceptual analysis of the nature of domestic arbitration, its sources of law and the ways in which it is integrated with the court system. Using students experience, case studies and literature, attention is then given to its advantages and disadvantages as compared to other methodologies, particularly domestic litigation.
Attention is then given to the way arbitrations are best conducted within the domestic legislative model. This involves an analysis of the key statutory provisions of the Commercial Arbitration Act, case law and the discretions available to parties and arbitrators. Consideration is given to appointment of the Tribunal, challenges to arbitrators, issues of evidence and procedural discretions. Attention is then given to the elements of the Award, court supervision and enforcement.
The bulk of the work involves looking at some of the key issues in particular types of commercial disputes. Attention is given to the core fields of contractual and construction disputes.