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Law of Commercial Arbitration (LAWS90188)
Graduate courseworkPoints: 12.5Not available in 2022
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
Overview
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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.
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: 30 January 2024
Eligibility and requirements
Prerequisites
Admission into the MC-JURISD Juris Doctor
AND
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (Dual-Delivery - 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: 30 January 2024
Assessment
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: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2022
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: 30 January 2024
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: 30 January 2024