The University of Newcastle, Australia
Not currently offered
Course code

LAWS5042

Units

10 units

Level

5000 level

Course handbook

Description

This course provides students with an in-depth understanding of the processes and strategic aspects of dispute resolution in commercial contexts. The course will expose students to typical scenarios where commercial disputes arise in a cross border context across a range of legal areas such as competition law, contracts, environmental law, financial services, property, and corporate law. In addition to exposing students to litigation process and strategy, the course will also enable an appreciation of the role of ADR in dispute resolution, including international arbitration.


Availability

Not currently offered.

This Course was last offered in Trimester 1 - 2019.


Learning outcomes

On successful completion of the course students will be able to:

1. Demonstrate advanced knowledge of the processes, strategies and dispute tools involved in complex commercial disputes.

2. Demonstrate advanced knowledge of statutory provisions, case law and practice pertaining to commercial dispute resolution in Australia.

3. Apply acquired legal knowledge in solving practical problem cases.

4. Evaluate key policy debates and practice surrounding alternative dispute resolution particularly in relation to forum selection.


Content

The topics in this course include the following:

  1. The context of commercial disputes;
  2. Applicable domestic and international legal rules, their history and principles;
  3. Legal and etra legal processes applicable to commercial disputes;
  4. Commercial dispute resolution in context: contracts, construction, insurance, leasing, property, trade and investment law.
  5. Alternative dispute resolution including domestic mediation,  international arbitration and trade and investor state dispute resolution options.

Requisite

This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.


Assumed knowledge

LAWS1010, LAWS1011, LAWS1020, LAWS1021, LAWS2030, LAWS3040, and LAWS3041.


Assessment items

Participation: Preparation for and participation in intensive learning sessions.

Quiz: Quiz

In Term Test: Take home test