UWA Handbook 2017

Unit details

LAWS5576 International Commercial Arbitration

Credit 6 points
  Offering
(see Timetable)
AvailabilityLocationMode
Non-standard teaching periodUWA (Perth)Face to face
Content This unit considers commercial arbitration in international transactions. Among the topics discussed are 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, with references to internet publications.
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 including class participation and a written assignment. Details of assessment are advised in the unit outline.

Supplementary assessment is not available in this unit.
Unit Coordinator(s) Mr Kanaga Dharmananda SC
Unit rules
Prerequisites: LAWS4101 Legal Process, LAWS4102 Criminal Law, LAWS4103 Contract,LAWS4106 Torts, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics, LAWS4104 Property, LAWS4107 Land Law
Incompatibility: LAWS3307 International Commercial Arbitration, LAWS6576 International Commercial Arbitration
Contact hours offered intensively
Unit Outlinehttp://www.unitoutlines.law.uwa.edu.au/Units/LAWS5576/TS-D-4D/2017
Note There is a two week pre-reading period for this unit. Students are to attend every day of the intensive period from Monday 3rd to Friday 7th July 2017. Learning in this unit is enhanced by systematic and timely reading and analysis of unit material. Attendance at all sessions is compulsory and an attendance register is maintained.
Text

Unit materials are available from the Co-op 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

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

UNCITRAL Rules

ICC Rules


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