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International Commercial Arbitration - LAWS4083
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course aims to provide a basic introduction to key topics in international commercial arbitration. It is designed to stand as a outline of the key principles involved in the practice of international commercial arbitration. As its central theme the course analyses the UNCITRAL Model Law and the various steps required in an international arbitration. The importance of international commercial arbitration to international commerce is a key theme throughout the course. The course also analyses a number of arbitral bodies and tribunals such as the ICC, ICSID and LCIA.


LLM Specialisations

Corporate and Commercial Law; Corporate, Commercial and Taxation Law; International Law; International Business and Economic Law.

Recommended Prior Knowledge

None

Course Objectives

The aims of the course include:
  • To assist students to develop and understanding for the issues involved in international commercial arbitration
  • To provide students with the basic working knowledge of the key instruments and bodies involved in international commercial arbitration
  • To develop an awareness of the different methods of dispute resolution
  • To assist students in the practice of international commercial arbitration
At the end of the course students should be able to:
  • Understand the manner in which an international commercial arbitration is conducted
  • Advise clients and other bodies in relation to arbitration disputes
  • Draft effective dispute resolution clauses
  • Prepare and appear at an international commercial arbitration.

Main Topics

  • UNCITRAL model law
  • The arbitration agreement
  • The arbitral tribunal
  • Interim measures
  • Confidentiality in arbitration
  • Enforcement of awards and appeals
  • Drafting arbitration agreements
  • Anti-suit injunctions and stays in international commercial arbitration
  • Preparing for an international arbitration
  • Arbitration institutions
  • ICC/ACICA/ICSID
  • China International and Economic Trade Arbitration Commission (CIETAC)
  • Court of arbitration for sport
  • Convention for international sale of goods

Assessment

Research assignment 4,000 words 60%
Moot Participation, including team preparation of memorandum 30%
Class participation Preparation and engagement in class 10%
 

Course Texts

Prescribed
Handouts will be provided throughout the course containing the necessary reading materials.

Recommended
Students should have regard to the websites referred to in the Course Outline (provided by lecturer at the beginning of session) and to www.interarb.com/clout which has annotated version of the UNCITRAL Model Law with case references.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.