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.
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The Student Contribution amount displayed below is for students commencing a new program from 2021 onwards. If you are continuing in a program you commenced prior to 1 January 2021, or are commencing an Honours degree relating to an undergraduate degree you commenced prior to 1 January 2021, you may be charged a different Student Contribution amount from the amount displayed below. Please check the Student Contribution bands for continuing students here. If you are an international student, or a domestic student studying in a full fee paying place, and are continuing study that you commenced in 2025 or earlier, your fees will be available here before enrolments open for 2026.