units

LAW5395

Faculty of Law

18 September 2017 25 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

Not offered in 2016

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 LAW7443

Synopsis

Arbitration raises many significant issues and challenges, including 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 covers significant current issues in domestic arbitration scholarship and practice. Topics covered include: 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; its advantages and disadvantages as compared to other methodologies, particularly domestic litigation;
the way arbitrations are best conducted within the domestic legislative model; the appointment of the Tribunal; challenges to arbitrators; issues of evidence and procedural discretions; the elements of the Award; and court supervision and enforcement.
The unit 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.

Outcomes

On completion of this unit students will be able to:

  1. Apply knowledge and understanding of the procedural model under the Commercial Arbitration Act with creativity and initiative to new situations in professional practice and/or for further learning;
  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the advantages and disadvantages of arbitration compared to other dispute resolution methodologies, particularly domestic commercial litigation;
  3. Conduct research into domestic commercial arbitration, and emerging challenges thrown up by certain types of commercial disputes, particularly contractual and construction disputes, based on knowledge of appropriate research principals and methods; and
  4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to domestic commercial arbitration, including the relationship between party autonomy and court supervision in relation to arbitration.

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50% or
Participation in a graded moot simulation (including preparation of a written memorial): 50%

In appropriate cases determined by the lecturer, assessment may be one research assignment (7,500 words) for 100% of the marks.

Workload requirements

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