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Unit Overview

Description

This unit considers the resolution of international disputes by commercial arbitration. Among the topics discussed are the advantages and disadvantages of arbitration; availability of arbitration; drafting of arbitration clauses; arbitration proceedings (including problems respecting the law governing procedural and substantive questions); judicial review of arbitral awards; and enforceability of awards. Key readings are distributed.

Credit
6 points
Outcomes

Students are able to (1) understand the legal and procedural regime for international arbitration in Australia; (2) understand the nature of arbitration as a form of dispute resolution and its advantages and disadvantages over litigation; (3) understand the relationship between domestic courts and arbitration, and the autonomy of the arbitral process; (4) understand some of the procedures of some of the major international arbitral institutions (UNCITRAL); and (5) understand issues involved in the drafting and enforcing of arbitration agreements and awards.

Assessment

Students demonstrate achievement of the outcomes in a variety of assessment methods which may include student participation and a 6000-word written assignment. Further assessment information is provided in the unit outline.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)
Mr Kanaga Dharmananda SC
Unit rules
Prerequisites
LAWS1130 Legal Process
Incompatibility
LAWS5576 International Commercial Arbitration, LAWS6576 International Commercial Arbitration
Advisable prior study
LAWS3340 Conflict of Laws, LAWS3365 Alternative Dispute Resolution
Contact hours
offered intensively
Texts

Unit Materials are available for purchase from the University Co-operative Bookshop.

There is no prescribed text for the unit, but students may find the following useful:

Redfern, A. and Hunter, M. The Law and Practice of International Commercial Arbitration, 5th edn: Sweet & Maxwell 2009

Essential materials

International Arbitration Act 1974 (including the United Nations New York Convention and the Model Law)

UNCITRAL Rules

ICC Rules

  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.