Law of Commercial Arbitration (LAWS90188)
Graduate courseworkPoints: 12.5On Campus (Parkville)
Overview
| Availability(Quotas apply) | Semester 1 |
|---|---|
| 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.
Indicative list of principal topics:
- 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; and
- 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;
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Cognitive and technical skills to interpret, analyse and draft effective arbitration clauses in international commercial contracts;
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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;
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Cognitive and technical skills to establish mastery in using comparative legal materials;
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Creative and technical skills to understand and critically reflect upon diverse cultural approaches to business and dispute resolution; and
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Independent communication and technical research skills as demonstrated in either scholarly writing to a publishable level or client advice work.
Last updated: 4 March 2025
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 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50029 | Contracts | Semester 2 (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: 4 March 2025
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% |
Additional details
The due dates of assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Semester 1
Principal coordinator Richard Garnett Mode of delivery On Campus (Parkville) Contact hours 36 Total time commitment 150 hours Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 3 March 2025 to 1 June 2025 Last self-enrol date 14 March 2025 Census date 31 March 2025 Last date to withdraw without fail 9 May 2025 Assessment period ends 27 June 2025 Semester 1 contact information
Teaching staff:
Richard Garnett (Subject Coordinator)For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
- Links to additional information
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025