Course overview
This course builds on Introduction to Arbitration (LAW 7155) and deals with advanced issues in commercial arbitration and dispute determination, including but not limited to: advanced issues under the Commercial Arbitration Act and allied legislation; waiver and estoppel; advanced law of evidence including expert evidence and conclaves; formal hearings and the conduct of arbitrations including witnesses, evidence and legal issues; completion of hearings and awards; writing the award; alternatives to hearings; an introduction to international commercial arbitration; costs and remedies. 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 one towards the end of the semester (two days). The second workshop (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 at an advanced level;
- 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 through legal research at an advanced level, and evaluate complex legal information;
- Apply advanced and integrated knowledge of the principles and law relevant to the settlement through arbitration of commercial disputes to complex issues, by participation in online tutorials and discussion boards, and to access relevant resources and law on the internet;
- Present coherent and persuasive arguments, both orally and in writing, for a sophisticated audience in relation to the arbitration of commercial disputes;
- Develop effective communication skills through participating in role play arbitration workshops; and
- Reflect on their abilities to undertake work effectively, both individually and as part of a group, as well as to 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.