LAW5375 - Arbitration of international commercial disputes - 2017

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.

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.

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%

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

Shawn Whelan Personal ProfilePersonal Profile (http://www.law.monash.edu.au/staff/postgraduate/sess-shawn-whelan.html)