To pass the unit, students must obtain a total mark of at least 50% overall final result.

Class participation (10%):

Students will participate in a mock case on the second teaching day. Individually and in groups, students will work through a series of exercises based on a real case. 

After participation in the mock case, students will obtain a better appreciation of the rules and principles governing venue in transnational litigation and arbitration; the practical considerations that inform the choice between international commercial litigation, arbitration and mediation and the conduct of such proceedings; the rules and principles governing the recognition and enforcement of international arbitral awards and settlement agreements arising out of mediation. 

Students are assessed on their performance on the various practical simulations conducted as well as on their oral contributions in in-class discussions. Students are expected to demonstrate knowledge of the relevant rules and principles, practically apply these rules and principles, and collaborate with each other. 

Students who are unable to participate in the mock case must apply for Special Consideration. A failure to participate in the mock case will result in 0/10 for this assessment and 0/15 for the reflective writing assessment. 

The outcome for a successful Special Consideration application is to be determined by the discretion of the lecturer. 

Reflective writing (15%):

After the mock case, students must submit a 1000 word reflective essay which will also require them to make references to the relevant cases and other teaching materials. 

Students are expected to reflect, synthesise and consolidate what they have learned from the mock case, and relate their experience to the teaching materials. 

After completing the reflective essay, students will obtain a better appreciation of the rules and principles governing venue in transnational litigation and arbitration; the practical considerations that inform the choice between international commercial litigation, arbitration and mediation and the conduct of such proceedings; the rules and principles governing the recognition and enforcement of international arbitral awards and settlement agreements arising out of mediation. 

This essay is due at 4pm on Friday, 1 April 2022. Students are assessed on their analysis and reflection of what they have learned from the mock case and their connection of their learning experience to the relevant cases and other teaching materials. 

Students who are unable to complete the reflective essay by the due date must apply for Special Consideration. A failure to complete the reflective essay will result in 0/15 for this assessment. 

The outcome of a successful Special Consideration application prior to the closing date (1 May 2022, 4pm) will be an extension. After the closing date, the outcome will be determined by the discretion of the lecturer.

Research essay (75%):

Students are required to write a 6000 word research essay that critically examines and communicates complex theoretical issues and practical problems in cross-border transactional planning, litigation and arbitration. After completing this essay, students will obtain an increased ability to understand, analyse and communicate such issues and problems.

On the last day of class, a choice from a limited number of topics will be provided to students. The research essay is due at 4pm on Friday, 17 June 2022.

Students who are unable to complete the research essay must apply for Special Consideration. A failure to complete the research essay will result in 0/75 for this assessment.

The outcome of a successful Special Consideration application prior to the closing date (17 July 2022, 4pm) will be an extension. After the closing date, the outcome will be determined by the discretion of the lecturer.

Assessment requirement to pass a unit of study

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.