units

LAW5375

Faculty of Law

18 September 2017 22 November 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

City (Melbourne)

  • Trimester 3 2016 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7339

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

  • Apply knowledge and understanding issues in international commercial arbitration, including the advantages and disadvantages of international arbitration compared to other dispute resolution methodologies and different procedural models, with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information and problems, in relation to international commercial arbitration, 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;

Conduct research in international commercial arbitration 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 international commercial arbitration.

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%

Workload requirements

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

Chief examiner(s)

Professor Jeff Waincymer Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=3842&pid=3510)