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
- To identify and understand the fundamental principles and wider context which underpin the modern criminal law.
- To analyse critically and appraise new forms of criminal law and policy in light of this conext and fundamental principles.
- To critically evaluate legal responses to a range of selected topical legal issues.
- To consider and criticially examine a topical issue in criminal law and the current law and/or policy in that area and formulate a considered position as to the preferable way forward to address that topical issue.