Course overview
This course provides an introduction to domestic commercial arbitration in Australia. Topics include, but are not limited to: the commercial arbitration legislation; an introduction to evidence; establishing the basis for arbitration; introduction to other forms of alternative dispute resolution; arbitrability; opening processes for formal arbitration; pre-hearing processes for formal hearings; conduct of formal arbitration hearings; completing formal arbitration hearings; mediation and other ADR processes; and powers of the courts under relevant legislation. The course consists of structured tutorials and discussion board exercises to be completed each week, in addition to two workshops, one at the beginning (half day) and towards the end of the semester (two days). The second workshop (held on a Friday and Saturday) includes extensive role play and arbitration exercises, and attendance and satisfactory participation is a compulsory part of the course.
Course learning outcomes
- Identify the fundamental principles which underpin the law regulating commercial arbitration in Australia;
- Analyse critically those fundamental principles and the applicable statutory regime and commercial arbitration case law within the context of the industry and economic circumstances of Australia;
- Apply the principles and law relevant to the settlement through arbitration of commercial disputes, by participation in online tutorials and discussion boards, and to access relevant resources and law on the internet;
- Present argument, both orally and in writing, in relation to the arbitration of commercial disputes;
- Develop effective communication skills through participating in role play arbitration workshops; and
- Listen to or read the contributions of others in the course regarding dispute resolution, and in particular the arbitration of commercial disputes, and respond respectfully.