Postgraduate Module Descriptor
LAWM084: International Commercial Arbitration
This module descriptor refers to the 2016/7 academic year.
|Term(s) and duration|
This module ran during term 1 (11 weeks) and term 2 (0 weeks)
Professor Andrea Lista (Lecturer)
|Available via distance learning|
In this module you will examine the legal rules that govern the conduct of International Commercial Arbitration (1) as a valuable adjunct to traditional litigation, (2) as the linchpin of a significant group of international dispute resolution methods, and (3) as the major source of reaching an accord in disputes before the EU, the WTO and other world trade oriented organizations. You will learn about the important roles played in the dispute resolution process by the United Nations Commission on International trade law as well as by commercial providers such as the London Court of International Arbitration. And you will become familiar with the basics required for a successful arbitral proceeding. Important issues will be thoroughly examined, for instance, the art of drafting enforceable and advantageous arbitration agreements, the key to engaging in effective advocacy before an arbitral panel and the skill required to resolve the questions that normally accompany the planning of any international arbitral proceeding—e.g., selecting a site, choosing capable arbitrators, dealing with difficult adversaries, selecting the law to be applied, and avoiding the several pitfalls that most often present themselves in international proceedings. Lectures will be supplemented by occasional guest speakers and by mock mediations and arbitrations that will measure your advocacy skills. There are no specific pre-requisites that need to be undertaken although the course is best suited for those students who have a good working knowledge of legal practice. The course is especially suitable for non-specialist students because the utility of international arbitration covers the entire spectrum of legal disputes— for example, controlling cigarette advertising in Australia; regulating the operation of a toll road in South America, and preventing illegal pricing in the sale of food supplies intended for the military in Afganistan.