1. Handbook
  2. Subjects
  3. Commercial Arbitration in Practice
  4. Print

Commercial Arbitration in Practice (LAWS90051)

Graduate courseworkPoints: 12.5On Campus (Parkville)

You’re viewing the 2019 Handbook:
Or view archived Handbooks

Overview

Year of offer2019
Subject levelGraduate coursework
Subject codeLAWS90051
Campus
Parkville
Availability(Quotas apply)
October
FeesSubject 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

Prerequisites

Melbourne Law Masters Students: None

JD Students: Successful completion of all the below subjects:

Code Name Teaching period Credit Points
LAWS50029 Contracts
Semester 2
12.5
LAWS50036 Remedies
Semester 1
November
12.5

Corequisites

None

Non-allowed subjects

None

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

Assessment

Additional details

  • 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

  • October
    Principal coordinatorIan Bailey
    Mode of deliveryOn Campus — Parkville
    Contact hours24-34 hours
    Total time commitment150 hours
    Pre teaching start date18 September 2019
    Pre teaching requirementsThe 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 period16 October 2019 to 22 October 2019
    Last self-enrol date23 September 2019
    Census date16 October 2019
    Last date to withdraw without fail 8 November 2019
    Assessment period ends 9 December 2019

    October contact information

    Lecturer/s

    Professor Ian Bailey, Coordinator

    Email: law-masters@unimelb.edu.au
    Phone: +61 3 8344 6190
    Website: law.unimelb.edu.au

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.

Further information

Last updated: 20 July 2019