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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.
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: 11 February 2021