units

LAW5332

Faculty of Law

18 September 2017 27 December 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

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

Offered

Prato

  • Term 2 2016 (Day)

Notes

For Prato Law discontinuation dates, please see http://www.law.monash.edu/current-students/study-opportunities/overseas-study/prato/units/index.html

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:

  • apply knowledge and understanding of the key principles in dispute resolution in international commerce and exercise analytic skill and professional judgment to generate appropriate responses to moderately complex problems requiring advice to domestic and foreign clients with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the legal issues or considerations that typically arise in relation to the drafting and arbitration clauses, the enforcement of awards and the preferred rules in a given case;
  • conduct research into the dispute resolution in international commerce to create new understandings of key developments that contribute to professional practice or scholarship based on knowledge of appropriate research principles and methods; and
  • 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.

Assessment

Attendance requirement: Students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

Two only of the following three options:
Assessed moot: 50%
Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Workload requirements

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

Chief examiner(s)

Assoc Prof David Lindsay Researcher ProfileResearcher Profile (http://monash.edu/research/people/profiles/profile.html?sid=2838&pid=3303)