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.
Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.
- Term 2 2018 (On-campus block of classes)
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
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)