LAW4179 - International commercial arbitration - 2017

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.

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;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the practical aspects of arbitration;
3. 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;
4. 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.

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.

1. Assessed moot: 50%
2. Research essay (2,500 words): 50%

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

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

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

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