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International commercial arbitration is the most important method globally for resolving cross-border commercial disputes. The focus of this subject is on the basic principles of international commercial arbitration law and is taught from the perspective of both the practitioner advising clients and the scholar interested in advanced research. There will be a particular focus on the desirability of arbitration compared with other dispute resolution methods, the relationships between the courts and arbitrators, drafting techniques and developments in Australia and other countries.
Principal topics include:
- The nature of international arbitration
- Applicable law in international arbitration
- The Australian procedural regime and an introduction to the UNCITRAL Model Law
- Enforcing international arbitration agreements
- Appointment and qualifications of arbitrators
- Misconduct of arbitrators
- Privacy and confidentiality
- Enforcement and challenge of awards.
Intended learning outcomes
A student who has successfully completed this subject will have:
- A high level of awareness of the kinds of legal problems that can arise in international commercial transactions
- A sophisticated understanding of the nature of arbitration as a form of dispute resolution and its advantages and disadvantages relative to litigation
- An expert knowledge of the relationship between domestic courts and arbitration and the growing autonomy of the arbitral process
- A mastery of the principles and skills governing the drafting and enforcing of arbitration agreements and awards and the conduct of arbitral proceedings.
Last updated: 6 December 2019