77751 International Commercial Arbitration

Requisite(s): 60 credit points of completed study in C04148 Master of Law and Legal Practice

These requisites may not apply to students in certain courses.

There are also course requisites for this subject. See access conditions.

This subject covers commercial arbitration in the international arena in-depth and includes the following topics.

• Ad hoc arbitrations.
• Relevant legislation and international conventions.
• International institutional arbitration associations.
• Scope, formal requirements and validity of agreements to arbitrate.
• Drafting in relation to ICSID arbitrations.
• Curial intervention.
• Compulsory reference of an international commercial dispute to arbitration in Australia.
• Award of damages in international arbitration.
• Sovereign immunity.
• International standard construction contracts.
• Power of the international arbitral tribunal to deal with defaults, delaying tactics or refusal of a member to participate in the making of an award.
• Provisions for correcting an international commercial arbitration award.
• Recourse against award under the UNCITRAL model law.
• Recognition and enforcement of foreign arbitral award under the UNCITRAL model law and the New York Convention.
• Liability of the arbitrator for negligence and/or wilful neglect of duty.