|Year of offer||2019|
|Subject level||Graduate coursework|
|Fees||Subject EFTSL, Level, Discipline & Census Date|
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.
Eligibility and requirements
Melbourne Law Masters Students: None
JD Students: Successful completion of all the below subjects:
|Code||Name||Teaching period||Credit Points|
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.
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
- Participation in decision-making and determination writing during the course of the subject (25%)
- Take-home examination in the form of an award writing exercise (5,000 - 6,000 words) (75%) (6 - 9 December)
A minimum of 75% attendance is a hurdle requirement.
Quotas apply to this subject
Dates & times
Principal coordinator Ian Bailey Mode of delivery On Campus — Parkville Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 18 September 2019 Pre teaching requirements 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. Teaching period 16 October 2019 to 22 October 2019 Last self-enrol date 23 September 2019 Census date 16 October 2019 Last date to withdraw without fail 8 November 2019 Assessment period ends 9 December 2019
October contact information
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Specialist 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:
- 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 firstname.lastname@example.org for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.