77752 Commercial Arbitration (Domestic)

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.

Topics covered in this subject include the arbitration agreement and its scope; the arbitrator's jurisdiction; reference by the court to a referee or arbitrator; the inherent jurisdiction of the court to interfere in arbitral proceedings; agreement binding on the Crown; the appointment of arbitrators and other related matters; the umpire entering upon the reference; the distinction between an arbitration certificate, valuation, assessment, an exception clause, reference to arbitrator, or quasi-arbitrator; powers and duties of the Arbitration Tribunal; subpoenas; evidence; legal representation; amiable compositeur or ex aequo et bono; interim awards; specific performance; extension of ambit of arbitration proceedings; duties of parties; right of appeal; exclusion agreements; misconduct; remission of award; removal of umpire or arbitrator; sundry provisions; Scott v Avery clause; and foreign awards.