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This subject provides an outline of the UNCITRAL Model Law legislation and the LEADR & IAMA Rules and a detailed analysis of the procedures involved in the conduct of domestic commercial arbitration proceedings. It will provide lawyers involved in the conduct of such proceedings and practising arbitrators with an opportunity to develop a comprehensive understanding of all elements of the process. The subject includes consideration of the principles of procedural fairness, the law of evidence and their application to commercial arbitration proceedings. The subject will also include written exercises intended to develop skill in the process of decision-making and the writing of decisions and awards in arbitrations.
Principal topics include:
- An introduction to the UNCITRAL Model Law legislation
- A detailed analysis of procedural rules and their use in the course of proceedings
- Identification of issues, pleadings and issues statements
- Evidence, documents, statements of evidence and admissibility generally
- Expert evidence, identification of issues, adoption of rules and procedural control
- Procedural fairness and its application in practice
- Procedural efficiency and control of the process
- The process of analysis of evidence and reasoning
- Award writing.
Intended learning outcomes
A student who has successfully completed this subject will:
- Understand the Model Law based legislative background to and the procedural rules for the conduct of commercial arbitrations
- Have a detailed understanding of the procedures which may be adopted for the conduct of domestic commercial arbitration proceedings
- Understand the necessity for, and the means by which, the process can provide efficiency and economy
- Have a demonstrated ability to adapt the powers under the legislation and the LEADR & IAMA Rules so as to ensure that the paramount object under the legislation is achieved
- Have a detailed understanding of the rules of evidence and procedural fairness and their application under domestic commercial arbitration proceedings
- Be able to examine and analyse evidence, including expert evidence, and to draw rational and considered conclusions therefrom
- Have developed an advanced ability to explain in writing factual and legal analyses and the reasoning involved in the decisions drawn from that process
- Be able to express their analysis and reasoning in written Awards in clear and complete language.
Last updated: 6 December 2019