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
Indicative assessments in this unit are as follows: (1) class participation and (2) assignment. Further information is available in the unit outline.

Supplementary assessment is not available in this unit except in the case of a Juris Doctor student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course
Unit Coordinator(s)
Honorary Fellow Kanaga Dharmananda SC
Unit rules
Prerequisites:
Juris Doctor (JD) students: LAWS4101 Foundations of Law and Lawyering and 30 points from: LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics or LAWS4109 Legal Theory and Ethics
Incompatibility:
LAWS3307 International Commercial Arbitration, LAWS6576 International Commercial Arbitration
Approved quota: 30—first come first serve with priority to final year
Contact hours
Students must attend every day of the intensive period Monday 27 September to Friday 1 October 2021. Refer to the timetable website for further information.
Note
Students must attend every day of the intensive period.
Text

Unit materials are available from Booktopia.

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

  • 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. Reading lists and essential textbooks are subject to change each semester. 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. Copies of textbooks and other readings will be made available for students to access from the Library, online wherever possible as well as in print.
  • If this unit is offered as on-campus face-to-face study only, students who are presently unable to enter Western Australia and whose studies would be delayed by an inability to complete this unit, should contact the unit coordinator (details given on this page) to ascertain, on an individual case-by-case basis, if alternate arrangements can be made to support their study in this unit.