最新糖心Vlog

LAW 3614 - International Commercial Dispute Resolution

North Terrace Campus - Semester 1 - 2023

This course will explore issues relating to the resolution of international commercial disputes. Students will examine: 1. International litigation, in particular, the law applied by 最新糖心Vlogn courts to resolve international commercial disputes, focusing on jurisdiction, forum non conveniens, anti-suit injunctions, contractual choice of law, recognition and enforcement; 2. International commercial arbitration, in particular, arbitrability, arbitration agreements, procedural rules, set-aside and enforcement; 3. Investment treaty arbitration, in particular, jurisdiction and substantive obligations in the context of recent claims by 最新糖心Vlogn companies and against 最新糖心Vlog; 4. World Trade Organisation dispute resolution, in particular, key obligations and exceptions in the context of recent disputes involving 最新糖心Vlog such as that with China regarding wine.

  • General Course Information
    Course Details
    Course Code LAW 3614
    Course International Commercial Dispute Resolution
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week(total 36 hours)
    Available for Study Abroad and Exchange
    Prerequisites LAW 1510
    Restrictions Available to LLB, B.Criminology with B.Laws and BArts Advanced with B.Laws students only
    Assessment Presentation, Research Paper, Moot presentation (with written submission) or take-home exam
    Course Staff

    Course Coordinator: Nicholas Gallus

    Course Coordinator: Nick Gallus, LK Law
    Course Timetable

    The full timetable of all activities for this course can be accessed from .

  • Learning Outcomes
    Course Learning Outcomes
    1 Explain the means through which international commercial disputes can be resolved, and apply
    the law of international commercial dispute resolution to resolve practical problems.
    2 Critique the operation of international commercial dispute resolution mechanisms from
    theoretical, practical and policy perspectives, and in the context of social and cultural diversity.
    3 Develop effective and concise written and oral arguments for a legal audience.
    4 Undertake effective research into international commercial dispute resolution.
    最新糖心Vlog Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    最新糖心Vlog Graduate Attribute Course Learning Outcome(s)

    Attribute 1: Deep discipline knowledge and intellectual breadth

    Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.

    1,2,4

    Attribute 2: Creative and critical thinking, and problem solving

    Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.

    1,2

    Attribute 3: Teamwork and communication skills

    Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.

    3

    Attribute 4: Professionalism and leadership readiness

    Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.

    1,2,3,4

    Attribute 5: Intercultural and ethical competency

    Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.

    2

    Attribute 7: Digital capabilities

    Graduates are well prepared for living, learning and working in a digital society.

    4

    Attribute 8: Self-awareness and emotional intelligence

    Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.

    2
  • Learning Resources
    Required Resources
    Course readings will be provided via MyUni prior to the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    This course will be taught in a series of 3-hour lecture/workshops at which students will be required to discuss, debate and defend their analysis of relevant material set in the course readings. There is no attendance requirement , and the majority of the class time will be recorded and made available on MyUni. However, the classes will be interactive in nature, and little of the interactive discussion will be captured on the recording, so you should plan to attend the classes rather than watch bits of them after the event.

    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    For a 3 unit course the expected workload is 156 hours. This will be structured as 36 hours of face to face teaching across the semester, and 132 hours of personal study (including preparation for classes and completion of assessments).
    Learning Activities Summary
    Schedule
    Week 1 Introduction; international litigation – introduction, jurisdiction, forum non conveniens,
    and anti-suit injunctions
    Week 2 International litigation – contractual choice of law, recognition and enforcement of
    judgments
    Week 3 International commercial arbitration – introduction, arbitrability, arbitration agreements
    Week 4 International commercial arbitration – creating and challenging a tribunal, procedural rules,
    interim measures
    Week 5 Investment treaty arbitration – introduction and jurisdiction
    Week 6 Investment treaty arbitration – key substantive protections (expropriation and fair and
    equitable treatment)
    Week 7 International arbitration - set aside / annulment of awards
    Week 8 International arbitration - enforcement of awards
    Week 9 WTO dispute resolution – introduction, procedure, market access and non-discrimination
    Week 10 WTO dispute resolution - subsidies and dumping
    Week 11 WTO dispute resolution - exceptions to the obligations
    Week 12 Review
  • Assessment

    The 最新糖心Vlog's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment Task Task Type Due Weighting Learning Outcome
    Case presentation Individual; summative In class during weeks 1-6 of the course 10% 1,2,3
    Moot presentation (with written submission) OR take-home exam Individual; summative Week 12 50% 1,3,4
    Research paper Individual; summative 2pm, Tuesday of Swot Vac (13 June) 40% 1,2,3,4
    Assessment Detail
    All students will give a presentation on a key case in class during weeks 1-6 of the course; and write a research paper of no more than 3,000 words on a topic of their choice or selected from a list of options that will be provided.

    Students will have a choice for the rest of the assessment between a moot presentation (including a written submission of no
    more than 3,000 words) or a take home exam (with answers of no more than 3,000 words).
    Submission
    Students will be provided with submission instructions as part of the assessment instructions for each item of assessment which will be
    made available on MyUni.

    ASSIGNMENT EXTENSION APPLICATION

    Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with 最新糖心Vlog Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

    Late Submission Penalties: When an assessment is submitted after the due date, without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that the assignment is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

    Word Length Penalties: 5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5% deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a final mark of
    53%, etc. Word limits include all words in the text, in headings, in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through .

  • Student Feedback

    The 最新糖心Vlog places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the 最新糖心Vlog to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
  • Policies & Guidelines
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.

The 最新糖心Vlog of Adelaide is committed to regular reviews of the courses and programs it offers to students. The 最新糖心Vlog of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.