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Course

International Commercial Dispute Resolution - JURD7420

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS8020

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

The expansion of international trade has generated a substantial increase in the number and nature of international disputes. This course aims to provide students with a theoretical and practical basis to compare and analyse approaches to conflict in the international commercial setting. Effective use of available dispute resolution mechanisms requires consideration of a number of issues including, the court’s jurisdiction over foreign parties, international conventions and institutions, applicable domestic legislative regimes for international litigation and arbitration, the likelihood of enforcement as well as other cross-cultural considerations. In a three module structure comprising, International Alternative Dispute Resolution, International Litigation and International Arbitration, this course aims to give students an overview as to the dispute resolution methods available, their use and effectiveness in the international commercial setting as well as practical considerations in terms of drafting dispute resolution clauses and arbitration agreements the process of negotiations, and institutional mediations and arbitrations.


Recommended Prior Knowledge

None

Course Objectives

A candidate who has successfully completed this course will:
  • Understand the interaction between international institutions, domestic laws and dispute resolution practice.
  • Have critically examined the application of dispute resolution mechanisms in the context of recent international commercial disputes and be alert to considerations in preparing international contracts and agreements.
  • Have considered a number of instructive case studies.
  • Be better equipped to deal with or advise on the appropriateness of dispute resolution mechanisms at any given stage of an international transaction.
  • Be engaged in a practical case study in which the student will act as a negotiator/advocate or arbitrator.

Main Topics

  • Development of international mediation and comparative approaches to mediation.
  • Presence of non-adjudicative dispute resolution procedures in institutional rules.
  • Issues arising out of the multiplication of procedures for the settlement of international disputes.
  • Arbitration of private and mixed disputes- trends in arbitration; applicable law and institutions.
  • Dispute resolution clauses and arbitration agreements.
  • Investment Treaty Arbitration.
  • The process of arbitration and enforcement and challenge of awards.
  • Judicial jurisdiction in cases involving international business transactions.
  • Provisional remedies and procedural problems in transnational business litigation.

Assessment

Moot Exercise - 20%
Participation in Dispute Resolution Exercise - 10%
Research Essay - 70%

Course Texts

Prescribed

International Arbitration & Mediation, A Practical Guide, McIlwrath and Savage, Kluwer 2010

There will also be a compilation of course materials and essential reading which will be available on the UNSW Blackboard.

Recommended

  1. Redfern & Hunter on International Commercial Arbitration, Kluwer, 2009
  2. International Commercial Arbitration: An Asia-Pacific Perspective, Greenberg, Kee, Weeramantry, Cambridge 2011

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.
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Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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