International Commercial Arbitration (8683.2)
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|0.125||3||Faculty Of Business, Government & Law|
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|Canberra Law School||Level 3 - Undergraduate Advanced Unit|| Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
Learning outcomesOn 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.
Graduate attributes1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. UC graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
The unit aims to offer a basic understanding of alternative dispute resolution in the international commercial arena generally, and an in-depth understanding of international commercial arbitration in particular, both from a theoretical and from a practice-oriented perspective.
PrerequisitesLegal Systems AND Legal Methods and Skills AND completion of 24 credit points.
CorequisitesMust be enrolled into a Law undergraduate degree.
Assumed knowledgeBasic understanding of legal systems, dispute processing / litigation, and commercial contracts.
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Textbook: Blackaby, N, Partasides, C, Redfern, A & Hunter, M, Redfern And Hunter On International Arbitration, 6th Edition (Oxford University Press, 2015) available in electronic format through the kluwerarbitration database (accessible from the Library or the unit's Moodle site with UC login credentials).
Further required readings for each class will be provided on the unit Moodle site. Class notes and slides will also be made available on Moodle after each class.
Submission of assessment items
Special assessment requirements
In this unit students must obtain a total score of at least 50/100 overall, and all assessment items have to be performed in order to pass the unit. If any of the assignments is not completed, an NC (Non-complete) will be processed as the unit result.
Foreign students whose command of English is insufficient to demonstrate oral advocacy skills, and those registered with Inclusion and Welfare with disabilities that make public debating a challenge too difficult to handle, can request an alternative assessment to the mock arbitration hearing. The alternative option available consists in writing a 3,000 word research paper on an approved topic.
Requests for the alternative option must be justified, and lodged with the lecturer by the end of the 6th class, on Monday 19 June. No late requests can be accepted, and approval is subject to the lecturer's discretion and based on assessment of each student's individual circumstances and abilities.
Topics for this alternative assessment will be provided on 21 June, with papers due on 14 July.
Students have a responsibility to uphold University standards on ethical scholarship. Good scholarship involves building on the work of others and use of others' work must be acknowledged with proper attribution made. Cheating, plagiarism, and falsification of data are dishonest practices that contravene academic values. Refer to the University's Student Charter for more information.
To enhance understanding of academic integrity, all students are expected to complete the Academic Integrity Module (AIM) at least once during their course of study. You can access this module within UCLearn (Canvas) through the 'Academic Integrity and Avoiding Plagiarism' link in the Study Help site.
Use of Text-Matching Software
The University of Canberra uses text-matching software to help students and staff reduce plagiarism and improve understanding of academic integrity. The software matches submitted text in student assignments against material from various sources: the internet, published books and journals, and previously submitted student texts.
This unit will be delivered thourgh face-to-face seminar-type classes on campus. Due to the teaching methods used and the assessable active participation requirement, everyone is expected to attend classes.
This is an intensive unit and preparation for each class is a must, to actively engage in the interactive learning exercises.
Required IT skills
No special IT skills are expected, but the ability to undertake electronic research and to prepare electronic written assignments are necessary, as well as the ability to use Moodle.
Work placement, internships or practicums
The unit does not involve work placement, internship or practicum.
However, this is a practice-oriented unit providing students with an opportunity to apply the theoretical principles learned through practical hands-on experience. Statutory analysis, research, oral and written advocacy skills that are vital in the legal profession also receive great emphasis in this unit.