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Law of Commercial Arbitration (LAWS90188)
Graduate courseworkPoints: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
Availability(Quotas apply) | Semester 2 |
---|---|
Fees | Look up fees |
This subject will examine, from an advanced and specialist point of view, the main principles of the law of international commercial arbitration. Arbitration has emerged as the major method of dispute resolution in many countries of the world for international commercial transactions and this course explores its essential features from the standpoint of an Australian lawyer being asked to advise at both the drafting and ‘live’ dispute stages. The topics to be considered include: the nature and advantages/disadvantages of international commercial arbitration, applicable law, the regime for international commercial arbitration in Australia, the arbitration agreement and stay of court proceedings, the conduct of arbitration and challenges of arbitrators, setting aside and recognition and enforcement of awards.
Intended learning outcomes
On successful completion of this subject, students should have:
- an advanced and high level awareness of the nature of international arbitration and its advantages/disadvantages relative to litigation;
- expert knowledge of the legal and procedural regime for international arbitration in Australia;
- a sophisticated understanding of the relationship between national courts and international arbitration; and
- a mastery of the necessary skills for drafting and enforcing arbitration agreements and awards.
Generic skills
On completion of the subject, students should have developed and demonstrated expert skills in the following areas:
- Advanced cognitive skills to solve problems by practical application of often complex legal principles;
- Cognitive and technical skills to interpret, analyse and draft effective arbitration clauses in international commercial contracts;
- Strong conceptual understanding of preferred methods of cross-border dispute resolution and a demonstrated ability to provide sophisticated and informed advice to commercial and government clients on such methods;
- Cognitive and technical skills to establish mastery in using comparative legal materials;
- Creative and technical skills to understand and critically reflect upon diverse cultural approaches to business and dispute resolution; and
- Independent communication and technical research skills as demonstrated in either scholarly writing to a publishable level or client advice work.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50023 | Legal Method and Reasoning |
Summer Term (On Campus - Parkville)
April (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations |
May (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50024 | Principles of Public Law |
Semester 1 (On Campus - Parkville)
June (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
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
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Option 1: Independent research paper on a topic approved by the co-ordinator
| During the examination period | 100% |
Option 2: 6-hour take-home examination
| During the examination period | 100% |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator Richard Garnett Mode of delivery On Campus (Parkville) Contact hours Total time commitment 144 hours Teaching period 3 August 2020 to 1 November 2020 Last self-enrol date 14 August 2020 Census date 21 September 2020 Last date to withdraw without fail 16 October 2020 Assessment period ends 27 November 2020
Additional delivery details
This subject has an enrolment quota of 60 students.
Enrolments occur on a first come, first served basis up to quota, except for during the timely re-enrolment period. Timely enrolments enter a selection process, and unsuccessful enrolments are withdrawn.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials may be provided by Melbourne Law School.
- 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.
- 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.
Last updated: 3 November 2022