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Investment Deals and Disputes in Asia (LAWS90097)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
May
Lecturer
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | May |
---|---|
Fees | Look up fees |
In this subject, students will act as lawyers advising an international investor in a hypothetical investment project in a developing Asian jurisdiction (based on real life experience of the subject coordinator). Students must identify the legal risks and potential disputes in this developing environment and advise ways to mitigate such risks and avoid or resolve disputes. Students will study relevant laws, draft contractual documents, analyse legal issues, give advice, negotiate with the local government, project finance lenders and other parties and bring the deal to closure. After the subject, students are expected to have an overview of the key risks and potential disputes in investment deals in developing Asian systems and ways to mitigate such risks through negotiation and documentation. Students can also research more deeply into particular legal issues such as expropriation, change in law, currency conversion or performance by state-owned companies and dispute resolution. Throughout the subject, students will study different areas of law such as investment, administrative, conflict of laws and international dispute resolution.
Principal topics include:
- General overview of risks and potential disputes for investors
- Risks of expropriation
- Risks of illegality
- Performance by state-owned enterprises
- Currency conversion
- Permits and regulatory approvals
- Choice of law and dispute resolution
- Negotiating with local counterparties and international project finance lenders
- Resolving disputes and closing the deal.
Intended learning outcomes
After the course, students will develop an advanced understanding of:
- Possible investment structures for a complex investment project involving equity sponsors, project finance lenders and the host government’s sovereign guarantees
- Legal risks and potential disputes for investors in complex projects in a developing Asian jurisdiction including, for example, expropriation, change in law, permits, performance by state owned counterparties and dispute resolution
- Possible ways to mitigate such legal risks including through local laws, international laws and contractual documents
- How to deal with the local host government, lenders and other parties to resolve legal issues in the project in a nuanced and effective manner
- How to draft documents, negotiate and close a deal with counterparties in a complex transaction
- Practical issues for lawyers in international legal practice.
Students will also develop specialised skills to:
- Identify legal issues and help clients address them through documentation and negotiation at an advanced level
- Be practical, while maximising legal safety for both client and lawyers, in a complex cross border transactions in Asia
- Add value to clients, deal with counterparties and reach agreement
- Communicate clearly articulate and convey complex information regarding cross border transactions
- To independently examine, research and analyse existing and emerging legal issues relating to cross-border tansactions.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: None
Corequisites
None
Non-allowed subjects
Students who have completed any of the below subjects are not permitted to take LAWS90097 Investment Deals and Disputes in Asia:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50080 | Deals In Asia Pacific | Not available in 2024 |
12.5 |
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
Take-home examination (5,000 - 6,000 words) (100%) (7 - 10 July 2017)
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- May
Principal coordinator Hop Dang Mode of delivery On Campus (Parkville) Contact hours 24-26 hours Total time commitment 150 hours Pre teaching start date 12 April 2017 Teaching period 10 May 2017 to 15 May 2017 Last self-enrol date 31 March 2017 Census date 10 May 2017 Last date to withdraw without fail 9 June 2017 Assessment period ends 10 July 2017 May contact information
Lecturer
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022