LAWS6576 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 understand (1) the legal and procedural regime for international arbitration in Australia; (2) the nature of arbitration as a form of dispute resolution and its advantages and disadvantages over litigation; (3) the relationship between domestic courts and arbitration, and the autonomy of the arbitral process; (4) some of the procedures of some of the major international arbitral institutions (UNCITRAL); and (5) the 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.
Unit Coordinator(s)
Kanaga Dharmananda SC
Unit rules
Incompatibility:
LAWS3307 International Commercial Arbitration, LAWS5576 International Commercial Arbitration
Contact hours
Students must attend every day of the intensive period 28 September to 2 October. Refer to the timetable website for further information.
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 Booktopia.

Useful reference

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

Essential
materials

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.