Course overview
This course will explore issues relating to the resolution of international commercial disputes. Students will examine: 1. International litigation, in particular, the law applied by Australian courts to resolve international commercial disputes, focusing on jurisdiction, forum non conveniens, anti-suit injunctions, contractual choice of law, recognition and enforcement; 2. International commercial arbitration, in particular, arbitrability, arbitration agreements, procedural rules, set-aside and enforcement; 3. Investment treaty arbitration, in particular, jurisdiction and substantive obligations in the context of recent claims by Australian companies and against Australia; 4. World Trade Organisation dispute resolution, in particular, key obligations and exceptions in the context of recent disputes involving Australia such as that with China regarding wine.
Course learning outcomes
- Explain the means through which international commercial disputes can be resolved, and apply the law of international commercial dispute resolution to resolve practical problems.
- Critique the operation of international commercial dispute resolution mechanisms from theoretical, practical and policy perspectives, and in the context of social and cultural diversity.
- Develop effective and concise written and oral arguments for a legal audience.
- Undertake effective research into international commercial dispute resolution.