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LAWS77-766: International Commercial Arbitration May 2021 [Intensive - Weeks 2 - 4]

General information

International Commercial Arbitration is an elective subject in postgraduate programs offered by the Faculty of Law. This subject focuses on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration as practised by arbitral tribunals and applied by courts in different jurisdictions. It is intended to equip students with the basic knowledge and skill to advise and represent parties in international arbitral proceedings.

Details

Academic unit:Faculty of Law
Subject code:LAWS77-766
Subject title:International Commercial Arbitration
Subject level:Postgraduate
Semester/Year:May 2021
Credit points:10

Delivery & attendance

Timetable: https://bond.edu.au/timetable
Delivery mode:

Intensive

Workload items:
  • Seminar: x3 (Total hours: 12) - Seminar 1
  • Seminar: x3 (Total hours: 12) - Seminar 2
  • Personal Study Hours: x12 (Total hours: 96) - Recommended study hours

Resources

Prescribed resources: No Prescribed resources. After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.
[email protected] & Email:[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.

To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au

Enrolment requirements

Requisites: ?

Nil

Assumed knowledge:

Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.

Juris Doctor students are expected to have completed a minimum of 80 credit points of compulsory law subjects.

Restrictions: ?

Students must be admitted into a Bachelor law degree OR Bachelor of Laws combined degree OR be an approved Law Study Abroad or Law Exchange student.

This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.

Anti-requisites: ?

Assurance of learning

Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.

At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.

Program Learning Outcomes (PLOs)

Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.

Find your program

Subject Learning Outcomes (SLOs)

On successful completion of this subject the learner will be able to:
  1. Demonstrate sound understanding of the law and practice of international arbitration.
  2. Develop confidence in representing parties in international arbitration in both civil and common law settings and related court actions.
  3. Demonstrate basic skills of arbitration advocacy.

Assessment

Assessment details

TypeTask%Timing*Outcomes assessed
Competency Test Scenario Moots 40% To Be Negotiated 1, 2, 3.
Take-home Examination Take-home 24 hour examination 60% Non-Standard Examination Period 1, 2, 3.
  • * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
  • C = Students must reach a level of competency to successfully complete this assessment.

Assessment criteria

High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.
Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.
Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.
Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment.
Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.

Quality assurance

For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.

Study information

Submission procedures

Students must check the [email protected] subject site for detailed assessment information and submission procedures.

Policy on late submission and extensions

A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.

Policy on plagiarism

University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.

Bond University utilises Originality Reporting software to inform academic integrity.

Feedback on assessment

Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.

Disability support

If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.

Additional subject information

International Commercial Arbitration will be co-taught in 202 please see details of the additional educator: Honourary Adjunct Professor Dr Winnie Ma | [email protected] | Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.

Subject curriculum

History and forms of arbitral processes; UNCITRAL Model Law; Overview of the arbitral process; Comparison of the International Arbitration Act (Federal) and the uniform state legislation - Commercial Arbitration Act.

Ad hoc submissions and pre-dispute agreements; Institutional and ad hoc arbitrations; Nature, scope and effect of agreement; International agreements and impact of institutional rules; Arbitrability of subject matter; Doctrine of separability.

Challenge of existence of agreement; Rights of non-signatory to arbitration agreement; Stay of court proceedings and summary court judgments in common law jurisdictions; Jurisdiction of courts in civil law jurisdictions over matters subject to arbitration.

Parties' right to nominate; Nomination by appointing authority; Arbitral institutions, e.g. ACICA, ICC, AAA, SIAC; Appointment by default appointing authority. Jurisdiction of tribunal; Jurisdiction to determine own jurisdiction; Kompetenz-kompetenz rule. Challenge of jurisdiction: role of domestic court and administering institution. Duties of arbitrators: express and implied; and the power of delegation. Role of Chairman/umpire; Court's powers to remove arbitrators; Immunity of arbitrators, arbitral institutions.

Commencement and statutory time prescriptions. Conduct of proceedings; ad hoc procedures and institutional rules. Tribunal's powers as given by local laws during proceedings. Terms of Reference and 'pleadings'. Evidence in Arbitration. Arbitral powers and concurrent powers of the domestic court. Non- signatories; joinder of 'third' parties and consolidation of arbitral proceedings. Interim measures, orders and directions. Multi-party issues.

Laws which impact the arbitration. Basis of determination of issues; substantive law. Equity clauses. Lex mercatoria, international commercial law. Amiable composition, ex aequo et bono.

Scope, form and features of award. Reliefs and remedies viz. adjustment, adaptation, filling gaps, renegotiation etc. Interest; Costs; Reasons for award; Mistakes and omissions in awards; Role of arbitral institution in scrutiny and issuance of awards; Interpretation and additional award; Effect of award - on parties, on tribunal.

Appeals against awards in domestic courts; Setting aside an award; Suspension of award.

Enforcement of awards in primary jurisdiction. Treatment of foreign and domestic awards in domestic laws. Convention for the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention 1948). Grounds for challenging awards under Convention. Enforcement of awards under bilateral treaties other than under Convention.

BITs, MITs, FTAs, Extra-contractual claims, ICSID Conciliation and Arbitration.

Approved on: Mar 12, 2021. Edition: 1.6
Last updated: Apr 29, 2021.