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Unit Overview

Description

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.

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Non-standard teaching periodUWA (Perth)Face to face
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.



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

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 24-28 June 2024. 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.

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.
  • Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
  • 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.