International Commercial Arbitration

Subject LAWS70121 (2015)

Note: This is an archived Handbook entry from 2015.

Credit Points: 12.5
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2015:

November, Parkville - Taught on campus.
Pre-teaching Period Start 07-Oct-2015
Teaching Period 04-Nov-2015 to 10-Nov-2015
Assessment Period End 03-Feb-2016
Last date to Self-Enrol 05-Jun-2015
Census Date 04-Nov-2015
Last date to Withdraw without fail 18-Dec-2015

Semester 1, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period 02-Mar-2015 to 31-May-2015
Assessment Period End 26-Jun-2015
Last date to Self-Enrol 13-Mar-2015
Census Date 31-Mar-2015
Last date to Withdraw without fail 08-May-2015

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:

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: 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: None
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 the Disability Liaison Unit:


Prof Richard Garnett


For more information:

Phone: +61 3 8344 6190

Subject Overview:

International commercial arbitration is the most important method globally for resolving cross-border commercial disputes. The focus of this subject is on the basic principles of international commercial arbitration law and is taught from the perspective of both the practitioner advising clients and the scholar interested in advanced research. There will be a particular focus on the desirability of arbitration compared with other dispute resolution methods, the relationships between the courts and arbitrators, drafting techniques and developments in Australia and other countries. The lecturer is both a leading scholar in the field and a practising lawyer at a major commercial law firm.

Principal topics 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.
Learning Outcomes:

A student who has successfully completed this subject will have:

  • A high level of awareness of the kinds of legal problems that can arise in international commercial transactions
  • A sophisticated understanding of the nature of arbitration as a form of dispute resolution and its advantages and disadvantages relative to litigation
  • An expert knowledge of the relationship between domestic courts and arbitration and the growing autonomy of the arbitral process
  • A mastery of the principles and skills governing the drafting and enforcing of arbitration agreements and awards and the conduct of arbitral proceedings.
  • Take-home examination (100%)
    • Semster 1: 12-15 June
    • Semster 2: 11-14 December
  • 10,000 word research paper (100%) on a topic approved by the subject coordinator
    • Semester 1: 15 June
    • Semester 2: 3 February 2016

A minimum of 75% attendance is a hurdle requirement for students commencing this subject in November.

Prescribed Texts:

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.

Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Links to further information:

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

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