Course overview
International commercial arbitration has become the primary form of dispute resolution in international trade settings. This course will consider: The nature of international arbitration including its advantages and disadvantages as a form of dispute resolution in the international trade context; The distinction between international and domestic arbitration; Jurisdictional issues relevant to international arbitration; Choice of Law in International Arbitration; UNCITRAL Model Law and its application in Australia and elsewhere; Other model rules; Enforcing international arbitration agreements; Appointment and qualifications of arbitrators; Due process review of the arbitration - including bias, failure to observe procedural fairness; Privacy and Confidentiality of the parties and evidence; Challenging the award; Enforcing the award.
Course learning outcomes
- The ability to advise in relation to international commercial arbitration, the merits and demerits, the practice and procedure.
- The ability to draft arbitration agreements.
- The ability to draft arbitration submissions.
- The ability to evaluate the various procedures that may be adopted and the interim measures and the final remedies that may be available in arbitration.
- he ability to construct oral and written arguments concerning such matters as: procedure (lex arbitri), jurisdiction, choice of law, evidence, enforcement and other matters that may be considered in arbitration.
- The ability to draft arbitration orders and awards.