Available in 2021
Course code

LAWS6103

Units

10 units

Level

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.


Availability2021 Course Timetables

Online

  • Semester 2 - 2021

Newcastle City Precinct

  • Semester 2 - 2021

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:

  1. Arbitration Rules such as UNCITRAL, ICC, LCIA, ACICA, CIETEC, SIAC and HKIAC.
  2. National arbitration laws including Australia, England, Switzerland, France, Singapore and Hong Kong.
  3. The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
  4. The 1985 UNCITRAL Model Law on International Commercial Arbitration.
  5. The role of specialised forms of international arbitration including investor-state arbitration
  6. 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 Juris Doctor/ Graduate Diploma in Legal Practice, Master of Laws, or a Bachelor of Laws (Honours) combined program.


Assumed knowledge

LAWS6000 Legal System and Method I, and LAWS6001 Legal System and Method II

LAWS6002A Torts Part A, or LAWS6120 Torts I

LAWS6002B Torts Part B, or LAWS6121 Torts II

LAWS6003A & LAWS6003B Criminal Law & Procedure Part A & B, or LAWS6130 Criminal Law & Procedure

LAWS6004A Contracts Part A, or LAWS6140 Contracts I

LAWS6004B Contracts Part B, or LAWS6141 Contracts II

LAWS6010 Company Law


Assessment items

Participation: Class Participation

Written Assignment: Research Paper

In Term Test: Take home Exam


Contact hours

Newcastle City Precinct

Seminar

Face to Face On Campus 3 hour(s) per Week for Full Term

Online

Online Activity

Online 36 hour(s) per Term Full Term

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.