International Commercial Arbitration

Subject LAWS70121 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

Semester 2, Parkville - 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: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Prof Richard Garnett

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

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.
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. the 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.
Assessment:

Take-home examination (100%) (26-29 November)
or
10,000 word research paper (100%) (29 November) on a topic approved by the subject coordinator
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/
Related Course(s): Master of International Business
Master of International Business

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