78256 International Commercial Arbitration
6cpRequisite(s): ( 78101c Postgraduate Legal Research OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR ((22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Description
This subject is essential grounding for legal practitioners who seek to improve commercial and legal outcomes within the context of international commercial arbitrations. Commercial disputes in a global context are largely resolved by international arbitration, which is a state-sanctioned private means of dispute resolution. Unlike court-based litigation, arbitration provides parties with confidential resolution of their proceedings in a neutral forum before a panel of one or three selected arbitrators. This is particularly attractive to parties who may be unfamiliar or untrusting of the counter-party's home jurisdiction.
This subject examines the enforceable arbitration clause, arbitration proceedings and awards under international conventions and Australian law. By engaging students in the processes of preparing, managing and running a moot international commercial arbitration, students develop oral and written advocacy skills as legal practitioners. Students also learn to critically analyse the value and relevance of arbitration for clients and the broader legal and commercial communities in a global context.
The subject aims to build core skills in oral and written advocacy by focusing on the way global institutions, the New York Convention of the Recognition and Enforcement of Awards 1958 and the International Arbitration Act 1974 (Cwlth) structure disputes, international arbitrations, and competing legislative aims. Students develop a critical view of the organisation and function of international arbitrations through evaluating the preparation and representation of commercial matters.
Students apply their legal knowledge of arbitration in the international commercial context in order to develop key skills in engaging with international commercial disputes, including a practice-oriented understanding of the roles of national courts and international conventions in arbitration. Students work with experienced arbitration practitioners to develop the framework and skills to engage in the challenge of progressing legal and commercial advocacy and reform in the context of an international commercial system.
Detailed subject description.
Access conditions
Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at access conditions and My Student Admin.
