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: May, 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. |
| Subject Overview: |
Principal topics will include:
- Key issues in the finance and delivery of international construction projects
- Standard form contracts for international construction projects (including the FIDIC suite and variants promulgated by the multilateral development banks)
- The main distinctions of principle and practice between the prosecution, determination or resolution of construction claims in principal common law jurisdictions, the US and selected Asian countries
- An examination of international bodies dealing with the determination or resolution of international construction claims
- The jurisdictional, governing law and procedural framework for the prosecution, determination and enforcement of construction claims through international arbitration, including Lex Mercatoria and Amiable Composition
- Interlocutory procedures, including the significance of municipal courts and the enforcement of judgments, in the context of international construction arbitrations
- Identification and consideration of contractual and extra-contractual alternative dispute resolution and dispute avoidance procedures in the context of international construction litigation and international construction arbitration.
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| Objectives: |
A student who has successfully completed this subject should:
- Understand the key distinctive features of procurement of construction projects which involve international parties or cross-border location, including their delivery and financing
- Be able to provide meaningful advice on the selection and use of standard form construction contracts for international projects
- Be aware, in a comparative context, of the basic procedures and principles regulating the prosecution, resolution, determination and enforcement of construction claims in the United States, principal common law jurisdictions and selected Asian countries
- Be able to advise upon the key features and desirability in the international context of commonly used mechanisms for the avoidance and resolution of international construction disputes
- Be conversant with the basic procedures and principles regulating the prosecution and enforcement of construction claims in the context of international arbitration, particularly in the US, Europe and Asia.
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| Assessment: |
3 hour examination (100%) (2 July, pm)
or
10,000 word research paper (100%) (12 August) 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/ |