Handbook

LAWS90097 Investment Deals and Disputes in Asia

Credit Points: 12.5
Level: 9 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2017:

May, Parkville - Taught on campus.Show/hide details
Pre-teaching Period Start 12-Apr-2017
Teaching Period 10-May-2017 to 15-May-2017
Assessment Period End 10-Jul-2017
Last date to Self-Enrol 31-Mar-2017
Census Date 10-May-2017
Last date to Withdraw without fail 09-Jun-2017

This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.



Timetable can be viewed here.
For information about these dates, click here.
Time Commitment: Contact Hours: 24-26 hours
Total Time Commitment:

136-150 hours

The 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.

Prerequisites:

Melbourne Law Masters Students: None

JD Students: None

Corequisites: 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.

Non Allowed Subjects:

Students who have completed any of the below subjects are not permitted to take LAWS90097 Investment Deals and Disputes in Asia:

Core Participation Requirements:

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

  • The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
  • The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
  • The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
  • The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to work independently and as a part of a group;
  • The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.

Coordinator

Mr Hop Dang

Contact

Lecturer

Mr Hop Dang, Coordinator

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

Subject Overview:

In this subject, students will act as lawyers advising an international investor in a hypothetical investment project in a developing Asian jurisdiction (based on real life experience of the subject coordinator). Students must identify the legal risks and potential disputes in this developing environment and advise ways to mitigate such risks and avoid or resolve disputes. Students will study relevant laws, draft contractual documents, analyse legal issues, give advice, negotiate with the local government, project finance lenders and other parties and bring the deal to closure. After the subject, students are expected to have an overview of the key risks and potential disputes in investment deals in developing Asian systems and ways to mitigate such risks through negotiation and documentation. Students can also research more deeply into particular legal issues such as expropriation, change in law, currency conversion or performance by state-owned companies and dispute resolution. Throughout the subject, students will study different areas of law such as investment, administrative, conflict of laws and international dispute resolution.

Principal topics include:

  • General overview of risks and potential disputes for investors
  • Risks of expropriation
  • Risks of illegality
  • Performance by state-owned enterprises
  • Currency conversion
  • Permits and regulatory approvals
  • Choice of law and dispute resolution
  • Negotiating with local counterparties and international project finance lenders
  • Resolving disputes and closing the deal.
Learning Outcomes:

After the course, students will develop an advanced understanding of:

  • Possible investment structures for a complex investment project involving equity sponsors, project finance lenders and the host government’s sovereign guarantees
  • Legal risks and potential disputes for investors in complex projects in a developing Asian jurisdiction including, for example, expropriation, change in law, permits, performance by state owned counterparties and dispute resolution
  • Possible ways to mitigate such legal risks including through local laws, international laws and contractual documents
  • How to deal with the local host government, lenders and other parties to resolve legal issues in the project in a nuanced and effective manner
  • How to draft documents, negotiate and close a deal with counterparties in a complex transaction
  • Practical issues for lawyers in international legal practice.

Students will also develop specialised skills to:

  • Identify legal issues and help clients address them through documentation and negotiation at an advanced level
  • Be practical, while maximising legal safety for both client and lawyers, in a complex cross border transactions in Asia
  • Add value to clients, deal with counterparties and reach agreement
  • Communicate clearly articulate and convey complex information regarding cross border transactions
  • To independently examine, research and analyse existing and emerging legal issues relating to cross-border tansactions.
Assessment:

Take-home examination (5,000 - 6,000 words) (100%) (7 - 10 July 2017)

A minimum of 75% attendance is a hurdle requirement.

Prescribed Texts:

Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.

Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Links to further information: law.unimelb.edu.au
Related Course(s): Graduate Diploma in Asian Law
Graduate Diploma in Dispute Resolution
Graduate Diploma in International Economic Law
Graduate Diploma in Legal Studies
Juris Doctor
Master of Commercial Law
Master of Laws
Master of Public and International Law

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