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International Commercial Arbitration (8683.2)

Level: Undergraduate Third Year Level
Credit Points: 3
HECS Bands: 3
Faculty: Faculty of Business, Government & Law
Discipline: School of Law & Justice

Availability

    Unit Outlines

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    • Winter Term, 2017, ON-CAMPUS, BRUCE (170103) - View
    • Semester 2, 2015, INTENSIVE, BRUCE (147415) - View

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    Syllabus

    Topics covered include: Introduction to alternate dispute resolution: negotiation, mediation, arbitration - the notions of national / international and commercial; Forms of arbitration: ad hoc and institutional. Local and international institutions. UNCITRAL Rules;Arbitrability. Sources of norms governing arbitration; Interaction and conflict of the different sources of norms (continued); Building up arbitration; drafting an arbitral agreement; pathological clauses; choosing or drafting the applicable procedural rules; the Arbitral Tribunal: appointing the arbitrators; appointing authorities. The arbitrators' qualifications; neutrality and impartiality; Arbitral proceedings - timeline, competence; place and language of arbitration; applicable substantive law; the award; and post-award proceedings; New York Convention; Setting aside.

    This unit is co-taught with unit International Commercial Arbitration PG

    Learning Outcomes

    On successful completion of this unit, students will be able to:

    1. Demonstrate a sound understanding of alternative dispute resolution methods in international commercial relations - especially that of arbitration;

    2. Demonstrate a solid knowledge base of the currently existing main international legal provisions and sources of norms regulating international commercial arbitration and have demonstrated the application of that knowledge in solving problems;

    3. Demonstrate an understanding of the specific procedural phases and advocacy requirements of international commercial arbitration;

    4. Construct viable and appropriate arbitration agreements and to discover the pitfalls of such imperfect clauses; and

    5. Go through arbitral and post-award proceedings without making considerable mistakes, being thus able to take the role of counsel assisting in arbitration.

    Assessment Items

    Contact Hours

    Intensive mode with three sessions of 4 hours per week of teaching.

    Prerequisites

    Legal Systems AND Legal Methods and Skills AND completion of 24 credit points.

    Corequisites

    Must be enrolled into a Law undergraduate degree.

    Assumed Knowledge

    Basic understanding of legal systems, dispute processing / litigation, and commercial contracts.



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