This unit has been discontinued.
Summer semester intensive unit. Offering is subject to a minimum enrolment of 15 students.
Introduction
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.
Summary 2020
Unit name | International Arbitration |
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Unit code | LAW647 |
Credit points | 12.5 |
Faculty/School | College of Arts, Law and Education Faculty of Law |
Discipline | Law |
Coordinator | Paul Tan and Samuel Seow |
Teaching staff | Paul Tan and Samuel Seow |
Level | Advanced |
Available as student elective? | Yes |
Breadth Unit? | No |
Availability
Note
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Units are offered in attending mode unless otherwise indicated (that is attendance is required at the campus identified). A unit identified as offered by distance, that is there is no requirement for attendance, is identified with a nominal enrolment campus. A unit offered to both attending students and by distance from the same campus is identified as having both modes of study.
Special approval is required for enrolment into TNE Program units.
TNE Program units special approval requirements.
* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (see withdrawal dates explained for more information).
Fees
Requisites
Prerequisites
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 |
Teaching
Teaching Pattern | Summer semester intensive unit. Offering subject to a minimum enrolment of 15 students. |
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Assessment | Participation 20%; mock arbitration 30%; and research paper 50% |
Timetable | View the lecture timetable | View the full unit timetable |
Textbooks
Required | None |
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The University reserves the right to amend or remove courses and unit availabilities, as appropriate.