International commercial arbitration
Mr Richard Garnett
One 2-hour lecture per week * First semester * City
Objectives On completion of this subject students should have acquired (1) a familiarity with a growing area of dispute resolution in international commerce; (2) a detailed knowledge of the Australian law of international arbitration; (3) the skills required to draft arbitration clauses and enforce awards; and (4) an appreciation of international solutions to domestic problems through the examination of comparative legal material.
Synopsis The nature of international arbitration, types of arbitration, the arbitration regime in Australia, the agreement to arbitrate, judicial enforcement of the agreement, the powers of the tribunal and the conduct of the arbitration, the arbitral award and sovereign immunity in arbitration.
Assessment Written research assignment (5000 words): 50% * Take-home examination: 50%
Texts
Garnett R International commercial arbitration: Supplementary materials
Published by Monash University, Clayton, Victoria
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