Subjects 2009
International Commercial Arbitration 730743
- Credited Courses: Graduate Diploma in Dispute Resolution 498; Graduate Diploma in International Law 323; Graduate Diploma in Transnational Law 333; Master of Commercial Law 504; Master of Laws (LLM) 502; Master of Public and International Law 511
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. 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.
Syllabus
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 Investment arbitration.
