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Campus: Kensington Campus
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Career: Postgraduate
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Units of Credit: 8
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Contact Hours per Week: 2
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Description
This course is designed to equip students with a sound understanding of the law of arbitration to enable them to advise and represent parties in international arbitral proceedings with confidence. Students will be brought through the arbitral process from the making of the arbitration agreement up to the making and enforcement of the award. They will be taught the legal framework supportive of arbitration, in particular the UNCITRAL Model Law on International Commercial Arbitration as used in various jurisdictions. They will examine the powers and duties of arbitrators; the role of the courts in arbitration; challenges to arbitral jurisdiction, the concepts of separability, arbitrability and kompetenzekompetenze and generally the procedural aspects of the arbitral proceeding. Extensive references to rules of international and regional arbitral institutions including ACICA, LCIA, CIETAC and ICC will be made. Judicial decisions and writings from Model Law jurisdictions will also be looked to as sources of arbitral jurisprudence. Prerequisite or core requisite: LAWS2081: Public International Law or equivalent.
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