Dispute Resolution in the Cyberspace Era

Subject 730-724 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 2, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Prof Richard Garnett
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the variety of dispute-resolution methods that apply to crossborder and electronic or virtual transactions
  • Be aware of the problems of territoriality and jurisdiction, particularly in the regulation of cyberspace and how such problems may be overcome by technology and/or international agreement
  • Be able to advise clients on how to avoid and resolve jurisdictional problems in physical and electronic transactions
  • Understand the development and current state of online dispute resolution (ODR), including the range of dispute-resolution methods available
  • Have experience in negotiating and mediating disputes online.

Syllabus:

Principal topics will include:

  • The nature of jurisdiction in public and private international law and application of these principles to physical space and cyberspace
  • Litigation of transnational cyberspace disputes under US, EU and Australian law
  • Common types of dispute: defamation, contract, intellectual property
  • Existence and exercise of jurisdiction
  • Applicable law in common law and statutory actions
  • Enforcement of foreign judgments
  • The emergence of geolocation technologies
  • Current state of online dispute resolution
  • Online negotiation, arbitration and mediation of cyberspace disputes.
Assessment:
  • Take-home examination (100%) (30 January-2 February 2009)
    or
  • Research paper 10,000 words (100%) (2 March 2009) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-724Dispute Resolution in the Cyberspace EraMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the variety of dispute-resolution methods that apply to crossborder and electronic or virtual transactions
  • Be aware of the problems of territoriality and jurisdiction, particularly in the regulation of cyberspace and how such problems may be overcome by technology and/or international agreement
  • Be able to advise clients on how to avoid and resolve jurisdictional problems in physical and electronic transactions
  • Understand the development and current state of online dispute resolution (ODR), including the range of dispute-resolution methods available
  • Have experience in negotiating and mediating disputes online.

Syllabus:

Principal topics will include:

  • The nature of jurisdiction in public and private international law and application of these principles to physical space and cyberspace
  • Litigation of transnational cyberspace disputes under US, EU and Australian law
  • Common types of dispute: defamation, contract, intellectual property
  • Existence and exercise of jurisdiction
  • Applicable law in common law and statutory actions
  • Enforcement of foreign judgments
  • The emergence of geolocation technologies
  • Current state of online dispute resolution
  • Online negotiation, arbitration and mediation of cyberspace disputes.
  • Take-home examination (100%) (30 January-2 February 2009)
    or
  • Research paper 10,000 words (100%) (2 March 2009) (topic approved by the subject coordinator)
N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Prof Richard GarnettLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730724P12.500Semester 2NLawLaw730-724

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