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ANU Law School · ANU College of Law, Governance and Policy
This course explores how transnational commercial disputes may be resolved in an authoritative, binding legal way without resorting to litigation before a court. Court-related litigation is more familiar to both lawyers and non-lawyers alike, yet captures only a fraction of the activity towards resolving disputes that occurs before consensual arbitration. Much as there has been a focus in domestic law on 'alternative dispute resolution', so in our globalised economy there is a whole institutional architecture for resolving private commercial disputes with a transnational dimension. The availability of such trusted arbitration (and adjudication) forums is central to parties' confidence in contractual arrangements, and so to facilitating transnational commerce in general. The importance of international commercial arbitration to international commerce is a key theme throughout the course. This course will cover topics such as the nature and sources of international arbitration; drafting and enforcing arbitration agreements; arbitral procedures and how domestic (state) courts support the international arbitral process and awards made by arbitrators; the law applicable to the merits in international arbitration; challenging, recognising and enforcing awards; and the role of public policy in international arbitration. It will also reflect on the composition, competency and competition among different major global forums for international commercial arbitration: who are arbitrators, where are they doing this, what trends can be discerned in the non-judicial but binding legal resolution of commercial disputes? To develop their knowledge and skills, students will complete readings and engage in online seminars and discussion forums prior to attending an on-campus intensive. During the intensive, students will consolidate their knowledge and develop skills in some of the practical legal aspects of international arbitration, such as working collaboratively to draft or review an agreement to arbitrate in the event of a dispute.
The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course Canvas page.
Learning outcomes 1, 2, 3, 4, 5, 6
Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 26 hours of face to face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours Work Integrated Learning Simulation/Virtual The practical components of this course provides students with the opportunity to put into practice the key components how transnational commercial disputes may be resolved in an authoritative, binding legal way without resorting to litigation before a court. In groups, students negotiate how collectively to complete a practical task or tasks relating to certain practical legal aspects of an international arbitration. The task/s are developed in cooperation with partners in a major Asia-Pacific arbitration city.
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known. Preliminary Reading Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known.