Summer semester intensive unit. Offering is subject to a minimum enrolment of 15 students.
Arbitration has become the dispute resolution forum of choice in
international commerce and trade, often lauded as more efficient and effective
than cross-border litigation. In recent years however, studies have
increasingly put such assumptions to the test, with mixed results. Concerns
are mounting from some end-users of international arbitration's unwholesome
tendency of resulting in soaring costs and protracted delays.
This unit examines the legal framework in which international arbitration operates alongside its processes, with a strong focus on the practice of international arbitration including the issues facing international arbitration's continued development as a dispute resolution mechanism of choice. While pertinent developments in the Australian arbitration landscape are analysed, the unit takes a comparative approach in examining legislative and quasi-legislative instruments, scholarship, arbitral decisions and jurisprudence from major arbitration jurisdictions in Asia-Pacific and across the world.
The unit aims to equip students with a practical understanding of international arbitration, including its ostensible benefits over (and interaction with) litigation and other forms of dispute resolution; major transnational arbitration instruments; the arbitration process and procedure; the function of arbitral institutions; the recognition of arbitral awards and enforcement; the role of investor-state arbitration in global trade and commerce; and current practice and ethical issues in international arbitration. Practical skills in drafting basic arbitration agreements and dispute resolution clauses for specific results will be emphasised.
|Unit name||International Arbitration|
|Faculty/School||College of Arts, Law and Education
Faculty of Law
Paul Tan and Samuel Seow
Paul Tan and Samuel Seow
|Available as student elective?||Yes|
This unit is currently unavailable.
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|Band||Field of Education|
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|LAW204 OR LAW252 AND LAW251 AND LAW256 AND LAW255 AND LAW250 AND LAW253 AND LAW254 OR LAW223 AND LAW222 AND LAW224 AND LAW226 AND LAW205 AND LAW225 AND LAW221 OR LAW222 AND LAW224 AND LAW221 AND LAW253 AND LAW223 AND LAW352 AND LAW351|
Summer semester intensive unit. Offering subject to a minimum enrolment of 15 students.
Participation 20%; mock arbitration 30%; and research paper 50%
|Timetable||View the lecture timetable | View the full unit timetable|
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