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.
Not currently offered.
This Course was last offered in Summer 1 - 2016/2017.
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.
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.
This course is only available to students active in programs 12333 or 12334, and have successfully completed LAWS1001A, LAWS1001B, LAWS1003A, LAWS1003B, LAWS2004A, LAWS2004B, LAWS3004A and LAWS3004B.
LAWS6000, LAWS6001, LAWS6002A&B, LAWS6003A&B, LAWS6004A&B, and LAWS6010.
Participation: Class Participation
Written Assignment: Research Paper
In Term Test: Take home Exam