LAW5332 - International commercial arbitration - 2019

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:

• apply knowledge and understanding of the key principles in dispute resolution in international commerce and exercise analytic skill and professional judgment to generate appropriate responses to moderately complex problems requiring advice to domestic and foreign clients with creativity and initiative to new situations for further learning;
• investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the legal issues or considerations that typically arise in relation to the drafting and arbitration clauses, the enforcement of awards and the preferred rules in a given case;
• conduct research into the dispute resolution in international commerce to create new understandings of key developments that contribute to professional practice or scholarship 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 dispute resolution in international commerce.

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.

Assessed moot: 50%

Research assignment (3,750 words): 50%

Students are required to attend 36 hours of lectures over the duration of this semi-intensive unit.