LAWS6103
10 units
6000 level
Course handbook
Description
This course provides students with an in-depth knowledge and critical understanding of the fundamentals of the practice of international commercial arbitration, a self contained international legal system based upon the will of the contracting parties and drawn together by the New York Convention and relevant National laws. The course is a combination of legal theory, practical and procedural analysis and will appeal to those students who wish to study law in an international setting. This course is comparative and will expose students to a range of international commercial arbitration laws and institutional rules, including in Australia, England, Switzerland, France, Singapore and Hong Kong. Students will learn how to draft arbitration agreements, commence and run arbitration proceedings, as well as enforce and challenge arbitral awards under the 1958 New York Convention and local National and State laws. Students will also learn about specialised forms of international arbitration and the Court of Arbitration for Sport including investor-state arbitration.
Availability2024 Course Timetables
Online
- Semester 2 - 2024
Learning outcomes
On successful completion of the course students will be able to:
1. Demonstrate and apply advanced, specialised knowledge of legal principles in the regulation and infrastructure of international arbitration;
2. Demonstrate and apply advanced, specialised knowledge of the procedural and conceptual issues that may arise in international arbitration;
3. Apply acquired legal knowledge in solving practical problem cases in an international commercial arbitration context;
4. Evaluate key policy and practice surrounding investor-state arbitration.
5. Acquire a knowledge of the principles of international trade and commerce as they are configured in commercial arbitration disputes.
6. Acquire a knowledge of the growing corpus of 'soft law' in international commercial arbitration including the IBA rules on the Taking of Evidence.
Content
The course will analyse the relevant legal instruments including:
- Arbitration Rules such as UNCITRAL, ICC, LCIA, ACICA, CIETEC, SIAC and HKIAC.
- National arbitration laws including Australia, England, Switzerland, France, Singapore and Hong Kong.
- The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
- The 1985 UNCITRAL Model Law on International Commercial Arbitration.
- The role of specialised forms of international arbitration including investor-state arbitration
- Acquire a knowledge of the principals of nternational trade and commerce as they are configured in commercial arbitration disputes.
Requisite
This course is only available to students enrolled in the programs of:
Master of Laws [12333]
Juris Doctor/Graduate Diploma in Legal Practice (JD) [12334]
Bachelor of Social Science / Bachelor of Laws (Honours) [12341]
Bachelor of Communication / Bachelor of Laws (Honours) [12342]
Bachelor of Laws (Honours) / Diploma of Legal Practice [12347]
Bachelor of Laws (Honours) [12348]
Bachelor of Business/Bachelor of Laws (Honours) [40036]
Bachelor of Commerce/Bachelor of Laws (Honours) [40037]
Bachelor of Innovation and Entrepreneurship/Bachelor of Laws (Honours) [40129]
Master of Environmental Law [40141]
Bachelor of Arts/Bachelor of Laws (Honours) [40150]
Master of Dispute Resolution [40193]
Bachelor of Criminology/Bachelor of Laws (Honours) [40272]
Bachelor of Coastal and Marine Science/Bachelor of Laws (Honours) [40279]
Bachelor of Biomedical Science/Bachelor of Laws (Honours) [40280]
Bachelor of Psychological Science/Bachelor of Laws (Honours) [40290
Juris Doctor [50016]].
Assumed knowledge
LAWS6000 Legal System and Method I, and LAWS6001 Legal System and Method IILAWS6002A Torts Part A, or LAWS6120 Torts ILAWS6002B Torts Part B, or LAWS6121 Torts IILAWS6003A & LAWS6003B Criminal Law & Procedure Part A & B, or LAWS6130 Criminal Law & ProcedureLAWS6004A Contracts Part A, or LAWS6140 Contracts ILAWS6004B Contracts Part B, or LAWS6141 Contracts IILAWS6010 Company Law
Assessment items
Participation: Class Participation
Written Assignment: Research Paper
In Term Test: Take home Exam
Contact hours
Semester 2 - 2024 - Online
Online Activity-1
- Online 36 hour(s) per term
Seminar-1
- Online 3 hour(s) per week(s) for 13 week(s) starting in week 1
Course outline
- LAWS6103 - Semester 2, 2023 (Online) (PDF, 222.7 KB)
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.