International Commercial Dispute Resolution - LAWS8020
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: Academic Program must be 9200 or 9210 or 9230 or 5740 or 9220 or 5750 or 9235 or 5235.
Excluded: JURD7420
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
LLM Specialisation
Corporate Commercial and Taxation Law
Dispute Resolution
International Business & Economic Law
Recommended Prior Knowledge
Course Objectives
- 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
Participation in Dispute Resolution
Exercises - 30%
Research Essay (4000 words) - 60%