6 points, SCA Band 3, 0.125 EFTSL
Undergraduate - Unit
Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.
Faculty
Unit guides
Notes
Students must apply for selection by submitting an application in 2nd Semester of the year before, following the call for expressions of interest. Students whose applications are successful will be granted permission to enrol by the Chief Examiner.
Synopsis
Examination of UN Model Law on International Commercial Arbitration, Vienna Convention on Contracts for the International Sale of Goods and cases from around the world. Focus is on oral advocacy, research skills, strategic thinking and team work. The subject culminates in an international arbitration moot competition, and some students will be selected to represent Monash (in Vienna or Hong Kong).
Outcomes
At the successful completion of this Unit, students will be able to:
- Prepare legal arguments by applying an intellectual and practical synthesis of: a thorough understanding of law relevant to complex cross-border commercial disputes; firm grasp of a complex factual scenario; and an appreciation of policy and principles behind development of the law.
- Identify and apply legal research to generate persuasive argument, engage in critical analysis and make strategic choices distinguish between different approaches in comparative law; assess strengths and weaknesses in legal argument from strategic and substantive perspectives.
- Locate, isolate and understand appropriate materials such as cases, scholarship, uniform texts and other instruments for use in an international arbitral setting.
- Reflect upon and recognise ways to articulate persuasively in light of personal abilities, predict likely arguments of opponents and techniques in responding to these and to queries from an audience of a panel of experts with varied legal and professional backgrounds, and to collaborate effectively within a team to produce individual and group outcomes that maximize strengths.
- Learn and work with autonomy, responsibility, and professionalism, reflect on and assess their own capabilities and performance, and make use of feedback to accelerate personal and professional development.
Assessment
Two Written Memoranda (Team) 20%
Oral Assessment (Mooting): 80%
Workload requirements
The unit requires a far larger workload commitment than other units, approximately 300 hours, during the period of October-April. (This is beyond the standard workload, because the team represents the university, and is a small, select group. All students take on the subject only after an interview, during which the extraordinary workload is explained to them.)
See also Unit timetable information