Faculty of Law

Monash University

Postgraduate - 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.

FacultyFaculty of Law
OfferedNot offered in 2015

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).


This unit explores the main legal issues involved in the resolution of legal disputes between private (that is, non-state) parties in an international setting. In that respect, we will consider in detail the two major systems of dispute resolution: litigation before national courts and arbitration before private arbitral tribunals. We will analyse and compare the legal issues that may arise at the different stages of an international dispute in each of these systems and on that basis discuss the policy issues involved in each context and the considerations that will become relevant for parties when deciding which kind of dispute resolution system to choose.


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

  1. apply knowledge and understanding of the principles of international litigation and arbitration and the legal framework governing international litigation and arbitration and exercise analytic skill and professional judgment to generate appropriate responses to moderately complex problems, with creativity and initiative to new situations for further learning;
  2. investigate, analyse and synthesise complex information, problems, concepts and theories in relation to concepts, theories and problems in international litigation and arbitration;
  3. conduct research into the international litigation and arbitration, based on knowledge of appropriate research principles and methods; and
  4. use cognitive, technical and creative skills to generate and evaluate ideas and arguments relating to international litigation and arbitration effectively and persuasively to specialist or non-specialist audiences and peers.


Class participation: 10%
One research assignment (4,500 words): 60%
Examination: 30%

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.