International Commercial Arbitration

Subject 730-743 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

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

This subject has the following teaching availabilities in 2009:

Semester 1, - 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 candidates 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 student who has successfully completed this subject should:

  • Understand the nature of arbitration as a form of dispute resolution and its advantages and disadvantages relative to litigation, particularly in international trade matters
  • Be aware of the legal and procedural regime for international arbitration in Australia and its similarity with the laws of other countries
  • Be familiar with some of the major forms of institutional arbitration (e.g. International Chamber of Commerce)
  • Understand the relationship between domestic courts and arbitration and the growing autonomy of the arbitral process
  • Be able to advise clients on the drafting and enforcing of arbitration agreements and awards and the conduct of arbitral proceedings.

Syllabus:

Principal topics will include:

  • The nature of international arbitration
  • Applicable law in international arbitration
  • The Australian procedural regime and an introduction to the UNCITRAL Model Law
  • Enforcing international arbitration agreements
  • Appointment and qualifications of arbitrators
  • Misconduct of arbitrators
  • Privacy and confidentiality
  • Enforcement and challenge of awards Investment arbitration.

 
Assessment:
  • Take-home examination (100%) (19–22 June)

    or
  • Research paper 10,000 words (100%) (topic approved by the subject coordinator) (22 June)
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: 730-743International Commercial ArbitrationMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

Objectives:

A student who has successfully completed this subject should:

  • Understand the nature of arbitration as a form of dispute resolution and its advantages and disadvantages relative to litigation, particularly in international trade matters
  • Be aware of the legal and procedural regime for international arbitration in Australia and its similarity with the laws of other countries
  • Be familiar with some of the major forms of institutional arbitration (e.g. International Chamber of Commerce)
  • Understand the relationship between domestic courts and arbitration and the growing autonomy of the arbitral process
  • Be able to advise clients on the drafting and enforcing of arbitration agreements and awards and the conduct of arbitral proceedings.

Syllabus:

Principal topics will include:

  • The nature of international arbitration
  • Applicable law in international arbitration
  • The Australian procedural regime and an introduction to the UNCITRAL Model Law
  • Enforcing international arbitration agreements
  • Appointment and qualifications of arbitrators
  • Misconduct of arbitrators
  • Privacy and confidentiality
  • Enforcement and challenge of awards Investment arbitration.

 

  • Take-home examination (100%) (19–22 June)

    or
  • Research paper 10,000 words (100%) (topic approved by the subject coordinator) (22 June)
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 candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Prof Richard GarnettLawLawNNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730743730-7432Semester 1
Related Course(s): Master of International Business
Master of International Business

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