| TLE0026 International Commercial Arbitration | |
|---|---|
| Campus: | Eveleigh, NSW 2015 |
| Units of Credit: | 6 |
| Pre-requisite or Co-requisite: | Prerequisites: TLLB103 Tort Law, TLLB105 Contract Law, TLLB312 Corporations Law and TLLB313 Commercial Law |
| EFTSL*: | 0.125 |
| Indicative Contact Hours per Week: | 3 |
| Tuition Fee | See Tuition Fee Schedule |
| Application Date: | See Key Dates |
| Unit Overview: | |
| International commercial arbitration is increasingly important as the volume of global business expands and commercial parties resist litigation in foreign courts. This unit covers all essential elements of international commercial arbitration, with a particular focus on the Asia Pacific region. The trade flows in this region are a significant part of world commerce. International arbitration provides an essential ingredient for the success of trade between parties from different countries, providing as it does a means for settlement of disputes arising between them and the enforcement of decisions made in respect of those disputes. The development of regional arbitration expertise is therefore essential. The unit examines the major legal frameworks for the international regulation of commercial transactions, as well as major international trade organisations (e.g. WTO, EU).The subject also provides an understanding of dispute resolution issues in the context ofinternational transactions. Students consider the drafting of arbitration clauses and agreements, the composition of the arbitral tribunal, the procedure of arbitration, the difference between an ad hoc and an administered arbitration, the main arbitral institutions, the seat of arbitration, the role of courts in the support of arbitration, issues of recognition and enforcement, and some special forms of arbitration including resolution of investment , and sports arbitrations. The units will also consider the UNCITRAL model law, choice of law in international arbitration, other model rules and laws in Australia. | |
*EFTSL = Equivalent full-time study load
