Available in 2018
Course code

LAWS6050

Units

10 units

Level

6000 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 domestically or in in a cross border context across a range of legal areas such as contracts, insurance, leasing, property, trade and investment. 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 domestic mediation and international arbitration.


Availability2018 Course Timetables

Newcastle City Precinct

  • Trimester 1 - 2018
  • Trimester 3 - 2018
  • Semester 1 - 2018

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.

5. Identify correct legal strategies and forums for particular disputes.

6. Apply commercial reasoning to disputes and identify practical commercial outcomes which may be achieved.


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 extra legal processes applicable to comercial 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 investor state dispute resolution options.

Assumed knowledge

LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005, LAWS6018.


Assessment items

Participation: Preparation for and participation in intensive learning sessions.

Quiz: Quiz

In Term Test: Take home test


Contact hours

Newcastle City Precinct

Seminar

Face to Face On Campus 36 hour(s) per Term Full Term

36 hours of seminar classes across the compressed semester or equivalent online and/or blended learning.