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Unit of study_
LAWS6060: International Commercial Arbitration
2024 unit information
This unit introduces students to the preferred method of resolving international commercial disputes. It aims primarily to: (a) outline key principles in the law of international commercial arbitration, and (b) discuss a range of cutting-edge legal issues raised in international commercial arbitration, to nurture a sophisticated understanding of the historical development and likely future path of international commercial arbitration. In doing so the unit also briefly compares the burgeoning field of treaty-based investor-state arbitration (examined in more detail in LAWS6916 International Investment Law). This unit considers how international commercial arbitration relates to litigation and ADR, surveys some of the most important transnational and Australian 'legislative' instruments, and introduces major trends. It goes on to consider in detail specific issues including the arbitration agreement; the constitution of the arbitral tribunal; applicable law issues, including consideration of the law governing the arbitration, the role of the seat, and the role of national courts; procedure in international arbitration; the jurisdiction of the arbitral tribunal; the role of arbitral institutions; the arbitral award and challenges to the award; and recognition and enforcement of the award. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html
Unit details and rules
Managing faculty or University school:
Law
| Code | LAWS6060 |
|---|---|
| Academic unit | Law |
| Credit points | 6 |
|
Prerequisites:
?
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None |
|---|---|
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Corequisites:
?
|
None |
| Prohibitions:
?
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LAWS3437 or LAWS5137 |
| Assumed knowledge:
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None |
At the completion of this unit, you should be able to:
- LO1. identify and describe the key principles of international commercial arbitration ("ICA") and their application in Australian law to critically evaluate and discuss cutting-edge legal issues.
- LO2. evaluate the historical development of international commercial arbitration systems in comparison to other trans-border dispute resolution methods, including investment treaty arbitration, to anticipate future trends and possibilities.
- LO3. argue and defend key principles of ICA law, demonstrating a deep understanding of their rationale and application within the context of transnational commercial disputes.
- LO4. apply the principles and rules of ICA law to complex hypothetical problems to formulate reasoned and well-supported conclusions.
- LO5. utilise key reference materials and conduct independent research to access authoritative expertise in the field of ICA, enhancing the ability to produce effective legal writing in this domain.
Unit availability
This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.
The outline is published 2 weeks before the first day of teaching. You can look at previous outlines for a guide to the details of a unit.
| Session | MoA ? | Location | Outline ? |
|---|---|---|---|
|
Semester 2a 2024
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Block mode | Camperdown/Darlington, Sydney |
Outline unavailable
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Modes of attendance (MoA)
This refers to the Mode of attendance (MoA) for the unit as it appears when you’re selecting your units in Sydney Student. Find more information about modes of attendance on our website.
Important enrolment information
Departmental permission requirements
If you see the ‘Departmental Permission’ tag below a session, it means you need faculty or school approval to enrol. This may be because it’s an advanced unit, clinical placement, offshore unit, internship or there are limited places available.
You will be prompted to apply for departmental permission when you select this unit in Sydney Student.
Read our information on departmental permission.
