units

LAW4179

Faculty of Law

18 September 2017 23 December 2024
Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2015 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.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester A 2015 (Day)
Clayton Summer semester B 2015 (Day)
Prato Term 2 2015 (Day)

Synopsis

This unit examines the principles and practices 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 agreement 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.

Outcomes

On completion of this subject, students will be able to:

  1. Apply knowledge and understanding of the key principles in dispute resolution in international commerce with creativity and initiative to new situations for further learning;

  1. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the practical aspects of arbitration;

  1. Conduct research into the dispute resolution in international commerce to create new understandings of key developments that contribute to an understanding of how to draft arbitration clauses and how to enforce awards, based on knowledge of appropriate research principles and methods;

  1. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to dispute resolution in international commerce including an appreciation of international solutions to domestic problems.

Assessment

Two only of the following 3 options:
1. Assessed moot (each of four students will speak for 15-20 minutes): 50%
2. Research essay (2500 words): 50%
3. Examination - two day take-home: 50%

Workload requirements

Clayton - Minimum total expected workload to achieve the learning outcome for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Prato -Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.

The unit timetable link below is not applicable to the unit taught in Prato.

See also Unit timetable information

Chief examiner(s)

Professor Jeffrey Waincymer (Clayton, Summer semester B 2015)
Associate Professor David Lindsay (Prato 2015)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112