成人大片

Academic Course co-ordinator:
Kathleen McEvoy
Adelaide Law School
Room 218, Ligertwood Building
Telephone: +61 8 8313 5936
Email: kathleen.mcevoy@adelaide.edu.au

Administrative Co-ordinator:
Ms Joanna Carrick, Professional Education Programs Manager
Professional and Continuing Education
The 成人大片
Level 9, 115 Grenfell Street
Telephone: +61 8 8313 3440
Email: joanna.carrick@adelaide.edu.au

The full timetable of all activities for this course can be accessed from the Course Planner at https://access.adelaide.edu.au/courses/search.asp

1 Knowledge and Understanding
The settlement of commercial disputes by arbitration plays a critical role in the world in which we live. At the international level, the United Nations Commission on International Trade Law (UNCITRAL) developed a model law on International Commercial Arbitration in the mid 1980s, and since that time has further refined it. Australia has now decided to align its law with the UNCITRAL approach. In an era of globalisation this is a most significant development.

The teaching and learning program aims to assist students to acquire a deep understanding of the basic principles of commercial arbitration as incorporated in the law in Australia, and, thereby, to equip them with the skills that will provide a sound basis for life-long learning and practice in this area of law.
In particular, this course aims to enable students:
a) to understand the historical and international context in which the legal regulation of the arbitration of commercial disputes in Australia was established and now operates;
b) to identify, and understand, the fundamental principles which underpin the law regulating commercial arbitration in Australia;
c) to analyse critically those fundamental principles, especially in the light of the industry and economic contexts in which the Australian law operates;
d) to become skilled in the analysis of case law in relation to commercial arbitration issues;
e) to become adept in understanding and interpreting the statutory regulatory regime applicable to commercial arbitration in Australia;
f) to demonstrate an understanding of, and an ability to apply the principles and law relevant to the settlement through arbitration of commercial disputes, by participation in online tutorials and discussion boards, and to access relevant resources and law on the internet;
g) to present argument, both orally and in writing, in relation to the arbitration of commercial disputes; and
h) to develop the skills through role play to apply legal principles in hypothetical scenarios involving the arbitration of commercial disputes.

2 Communication Skills
The continuing development of good inter-personal and communication skills is widely recognised as important for all graduates. This course specifically seeks to develop students’ abilities:
a) to listen to or read the contributions of others in the course regarding dispute resolution, and in particular the arbitration of commercial disputes, and respond respectfully;
b) to be aware that everyone has a right to contribute and to accord them the space to do so;
c) to develop and present convincing argument, both orally and in writing, in relation to dispute resolution, and in particular the arbitration of commercial disputes; and
d) to demonstrate effective communication skills through participating in role play arbitration workshops.

3 Attitudes and Values
This course aims
a) to engender in students a commitment to the principles of the rule of law
b) to raise awareness and an understanding of social and cultural diversity, and sensitivity of the operation of the law and dispute resolution structures in that context

Legislation

Students will need to have a copy of the Australian law adopting the UNCITRAL Model Law 2006. Choose from one of the following:

Commercial Arbitration Act 2010 (NSW)
Commercial Arbitration Act 2011 (SA)
Commercial Arbitration Act 2011(Tas)
Commercial Arbitration Act 2011(Vic)

Students need a copy of only one of the above Acts. The website of the Law Library at The 成人大片 provides information about, and the links to enable students to access, legislation directly from government websites (thus ensuring the student can access the authorised version), or from AustLII (which students often find a little more user friendly). Please go to:
http://law.adelaide.edu.au/library/research/legislation/

Textbook
Doug Jones, Commercial Arbitration in Australia, Thomson Reuters (Professional) Australia Limited, Sydney, second Edition, 2013

Students will need to purchase a copy of this book. It is available for purchase online from the publisher (under the banner ‘Commercial Law’) at:
http://www.thomsonreuters.com.au/legal/
The book should also be available to purchase through academic book suppliers, such as Unibooks. Several copies of the book will be available on reserve in the law library of Adelaide Law School.

Internet Resources:
The website of the Institute of Arbitrators & Mediators Australia (IAMMA) can be found at:
www.iama.org.au
This site provides access to information about IAMA membership and events, as well as a wide range of other information of interest to those undertaking this course.

The AustLII website, providing free access to a wide range of legal resources in Australia and access to similar websites around the world, can be found at:
www.austlii.edu.au

MyUni will be used to post announcements, including assignment tasks.

MyUni will also contain electronic copies of the course profile, and the various tutorial exercises and discussion board questions, as well as any course materials additional to the textbook, and copies of the relevant legislation.

Students will participate in online tutorials which are on MyUni. After a student has individually submitted their response online to the tutorial questions, they will be able to gain general feedback by reading a ‘model answer’ in order to assess their own learning and understanding of issues.

Students will also contribute to discussion boards, which will also be available on MyUni. The discussion boards will provide additional flexibility to enable students to demonstrate their participation and learning in this course. The discussion boards also provide a venue for students to engage with one another in the learning process.

Students are expected to check MyUni regularly to keep up to date with materials and any additional learning resources throughout the course.

Introductory Workshop
There will be a one day Introductory Workshop at the beginning of the course. This workshop will be offered at two separate venues, one in Adelaide and the other in Sydney. While it is not compulsory to attend the first workshop, students are strongly encouraged to do so.

This introductory workshop will:
• provide an overview of the main principles of the Australian legal system, within the political, social and economic context; and in particular as it relates to commercial law, alternative dispute resolution and the resolution of commercial disputes through arbitration
• cover Topic #1: Commercial Arbitration Legislation in Australia
• revise problem solving skills and the principles of good legal writing
• demonstrate the use of MyUni, especially the online tutorials and discussion boards
• provide a guided opportunity for students to undertake the online first tutorial and participate in their first discussion board
• provide students with an opportunity to meet with their academic lecturer and fellow students, and thereby enabling a better online learning experience

The workshop will be structured in two separate parts:

Morning session:
9.30am – 12.30pm
Commercial Law and Dispute Resolution
Overview of the course.
Legal Writing and Problem Solving.

12.30 – 1.00pm – Lunch
(it is anticipated that a representative from IAMA will join the group for lunch)

Afternoon session:
1.00pm – 4.00pm
Commercial Arbitration legislation in Australia
Using MyUni

It is anticipated that the morning session of this workshop will be especially useful from those students who do not have a law degree. Where students attend only the afternoon session, they are encouraged to join the group for the lunch.


Online Tutorials
The online tutorial provides students with a specific guide to reading the information contained in their text book, and then provides them with an opportunity to test their understanding of that reading through a series of questions which must be answered online. Having answered a question, the student can then access online general feedback in the form of a ‘model’ answer which enables the student to check their understanding.

There are online tutorials for each week of the course other than week 12. In order to participate in each online tutorial it is anticipated that students will spend up to about 7 hours per week on pre-reading as well as up to 2 hours per week online answering the tutorial questions.

While students can access the tutorials at a time of their own choosing, the material in each week builds upon the previous week’s work. Students are strongly advised to work consistently across the semester, in order to provide themselves with the best opportunity to learn in this course.

Discussion Boards
There will be discussion boards for each week of the course.

The discussion boards in the first couple of weeks will commence with some ‘revision’ topics covering the law (contract, tort and equity and the Competition and Consumer Act 2010 (Cth)(formerly the Trade Practices legislation)) governing commercial transactions.

Thereafter the discussion boards will seek contributions from students on an issue relating to a substantive topic in the course. Students are expected to contribute at least once to each of these discussion boards, but may make additional contributions to each discussion board if they wish. Contributions should be short and to the point, and importantly they should not repeat information which others have already posted. In this sense the function of a discussion board is to learn from one another by furthering the collective understanding.

Contributions may respond to what others have already said, or introduce a novel idea into the discussion. Contributions may be creative and provocative, they may raise particular issues from cases or statutes, but they should always be presented or developed in a way that is reasoned and respectful, and wherever possible draw upon some aspect of the law. That is, students are expected to do more that simply assert their view, without providing cogent reasoning.

In making contributions to discussion boards, students may use note form or dot points and need not provide formal citations or references unless they wish to include a quotation.

The discussion boards will provide a flexible forum for students to participate in the course and demonstrate their thinking about the material they are reading. It is expected that students would spend about 1 hour per week reading and contributing to the weekly discussion board.

While students can access the discussion boards at a time of their own choosing, the material in each week builds upon the previous week’s work. Students are strongly advised to work consistently across the semester, in order to provide themselves with the best opportunity to learn the material in this course.

The discussion boards will be monitored by academic staff who will provide general feedback in the form of a comment posted after the close of every week (and before the following Tuesday of the next week).

Workshop #2
Workshop #2 takes place over one and a half days. This workshop also will be offered at two separate venues, one in Adelaide and the other in Sydney.

The first half day of Workshop #2, Friday afternoon, will provide an opportunity to meet with academic staff and work through the materials covered in the course to date. This part of the workshop will be based around questions raised in the special discussion board by students.

Attendance at the next day, Saturday, of the Workshop #2 is compulsory. On this day the workshop will take the form of an Arbitration Practicum, with Role Play and Arbitration Exercises. The workshop will be conducted by members of IAMA, who are experienced practitioners in arbitration, thus providing the students with an opportunity to put into practice under professional guidance the substantive material learned to date.

In order to successfully complete Workshop #2 and its assessment, students will have to have completed all their online tutorials and discussion boards listed for the course in the weeks prior to attending Workshop#2.

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

Workshops: There will be two workshops: the first conducted over one day, and the second over one and a half days. Together the workshops are of approximately 16 hours duration.

Online contact time: participate in all online tutorials each for 2 hours (=24 hours) and 12 online weekly discussion boards each for one hour (=12 hours). This amounts to 36 hours of online teaching and learning time across the semester.

Preparation time: In addition to attending workshops and participating in online tutorials and discussion boards, it is expected that students will also do a substantial amount of independent reading to prepare for those activities, and to complete course assignments. It is anticipated that this reading and preparatory work should take approximately 90 hours in total (or, on average, about 8-9 hours over each of the 12 weeks of the course).

Week #	Dates	Topic	Workshop	Online Tutorial	Discussion Board
1	Friday 21 March - Adelaide; Saturday 22 March - Sydney	Introduction: Overview of the course Topic #1 Commercial Arbitration Legislation in Australia Using MyUni Legal Writing & problem solving	Introductory Workshop	Topic  #1
2	Week commencing Monday 24 March	#2 Introduction to the Law of Evidence		Topic #2	Overview: Dispute Resolution - hypothetical scenarios:
3	Week commencing Monday 31 March	#3 Establishing the Basis for ADR and Arbitration		Topic #3	Contract Law Revision
4	Week commencing Monday 7 April	#4 The Preliminary Conference (Part 1)		Topic #4	Damages Revision: Contract, Tort and Equity
5	Week commencing Monday 14 April	#5 The Preliminary Conference (Part 2)		Topic #7	Expert Evidence
6	Week commencing Monday 21 April	#6 Prehearing Processes for Formal Arbitration Hearings		Topic #6	Expert Evidence
7	Week commencing Monday 28 April	#7 Jurisdiction, Arbitrability, and Misconduct		Topic #7	Contracts and the Arbitration Clause
8	Week commencing Monday 5 May	#8 Formal Arbitration Hearings		Topic #8	The Preliminary Conference
9	Week commencing Monday 12 May	#9 The Award – An Introduction		Topic # 9 Students post questions for discussion in Workshop #2 by Wednesday 15 May	Jurisdiction and Arbitrability
	Friday, 16 May ADELAIDE	Legal Problem Solving and Revision of Materials – weeks 1-9	Workshop #2		Not compulsory but recommended to attend
	Saturday 17 May ADELAIDE	COMPULSORY Arbitration Practicum • Role Play and Arbitration Exercises	Workshop #2		NB Attendance and participation is COMPULSORY
	Friday 23 May SYDNEY Saturday 24 May SYDNEY	Legal Problem Solving and Revision of Materials – weeks 1-9 COMPULSORY Arbitration Practicum Role Play and Arbitration Exercises	Workshop #2 Workshop #2		Not compulsory but recommended to attend NB Attendance and participation is COMPULSORY
10	Week commencing Monday 26 May	#10 Mediation and the ADR Process		Topic # 10
11	Week commencing Monday 2 June	#11 Powers of the Court		Topic # 11
12	Week commencing Monday 9 June	Revision			Revision: Questions from students and responses by teaching staff

Students should note that attendance at and participation in Workshop #2 is compulsory.

In order to pass this course, it is necessary for students to gain a pass in the Workshop #2 assessment, in addition to an overall pass in the other assessments conducted in this course.

Assessment item	% of final mark	Due date	Group or individual assessment	Learning objectives
Participation (in online tutorials)	10%	Throughout course	Individual	1(a)-(g), especially 2 (a)-(c) and 1 (f)
Workshop #2 Practicum	Pass/fail	Saturday, 17 May 2014 Adelaide Saturday 24 May 2014 Sydney	Individual	1(a)-(h), and also 2(d)
Written assignment	30%	9 May 2014	Individual	1(a)-(g), and also 2(c)
Exam	60%	Saturday, 21 June 2014	Individual	1(a)-(g), and also 2(c)

Supplementary Assessment.

Supplementary Examination
Where a student fails the course but qualifies academically for supplementary assessment by achieving a final mark of at least 45% and including a pass for the Workshop #2 component of the assessment, they may sit for a Supplementary Exam. This supplementary exam will take the same form as the primary exam.

In cases where a supplementary exam is granted on academic grounds a maximum mark of 50% for the course may be obtained.


Supplementary Workshop #2 – 25%
If a student has attended Workshop #2 but does not obtain a Pass they must satisfactorily complete supplementary practical work demonstrating that they fulfil the knowledge and skills for this assessment task. Replacement assessment for Workshop 2 may also be available on medical or compassionate grounds.

Students should note that attendance at Workshop #2 is compulsory.

In order to pass this course, it is necessary for students to gain a pass in the Workshop #2 assessment in addition to an overall pass in the other assessments conducted in this course.

There are no other requirements additional to those identified elsewhere in this document.

Participation in Online Tutorials – 10%

Students will be assessed on their participation in the online tutorials.

Students will be assessed on the quality of their responses posted in these 11 tutorials.

The participation requirement also includes preparation for the workshop. Students are required to post on the discussion board a question or questions (or issues) which they would like addressed in the first day of the workshop #2. The question(s) must be posted by Wednesday 14 May 2014.

The following learning objectives identified above are tested by this component of the assessment scheme: 2.1.1(a)-(g), with emphasis on particular objectives depending on the nature of the tutorial questions. Participation in the tutorials should also enable students to demonstrate their capacity to fulfil the learning objectives outlined in 2.1.2 (a)-(c).

Grade Descriptors for Class Participation are as follows:
A more specific guide to the criteria required for achievement in the various grades for online tutorial participation, is as follows:
• High Distinction 85-100
Participation in all online tutorials, demonstrating outstanding level of quality in responses and a very strong understanding of concepts, high level of analysis and strong capacity to identify substantive issues, and a clear understanding of those issues.
• Distinction 75-84
Participation in all online tutorials, demonstrating very high level of quality in responses and a very sound understanding of concepts, a strong level of analysis and strong capacity to identify substantive issues, and very good understanding of those issues.
• Credit 65-74
Participation in all online tutorials, demonstrating a thoughtful approach to the material in responses and a good understanding of concepts, clear analysis and a good capacity to identify substantive issues, and a clear understanding of issues.
• Pass 50-64
Participation in the great majority of online tutorials, demonstrating adequate level of quality in responses and a basic understanding of concepts, an adequate level of analysis and capacity to identify substantive issues, and an understanding of those issues.
• Fail 0-49
Failure to participate in the majority of online tutorials, limited contributions and lack of responsiveness to questions, inability to demonstrate understanding of concepts or capacity to analyse material and identify issues, limited or poor evidence of reading and preparation for tutorials.


AND

Written assignment – 30%

Each student must submit a written assignment answering the question(s) which will be posted on MyUni on 1 April 2014. The written assignment is due by 2.00pm CST on Friday, 9 May 2014.

The written assignment is to be a maximum of 2,000 words – footnotes and bibliography are not included in the word count (however, footnotes should include references only and not substantive material).

Footnotes should be used to indicate sources. In citing material in footnotes the referencing system used in The Australian Guide to Legal Citation (3rd edition, 2010) (‘AGLC3’) should be followed. AGLC3 is available for purchase from university bookshops or may be accessed at http://mulr.law.unimelb.edu.au/go/aglc. Footnotes are not included in the word count, but no substantive material is to be included in them.

In assessing the written assignment the quality of insights and demonstrated understanding of concepts will be of key importance. In general account will be taken of the following factors:
• preparation - evidence of prior reading and understanding of relevant materials, the ability to identify relevant issues and prepare arguments in relation to them; and
• quality of the discussion - including evidence of a deep understanding of the conceptual issues, and the ability to analyse legal materials.

Grade Descriptors for written assignment:
A more specific guide to the criteria required for achievement in the various grades, is as follows:
• High Distinction 85-100
Outstanding level of quality work demonstrating a strong understanding of concepts, high level of analysis and strong capacity to identify issues, clear understanding of relevant legislation, cases and materials, and evidence of thorough reading of set material. Outstanding level of quality of language, spelling and grammar; and complete accuracy in use of correct forms of legal citation.
• Distinction 75-84
Work of a highly developed nature demonstrating clear understanding of concepts, high level of analysis and clear capacity to identify issues, sound understanding of relevant legislation, cases and materials, and evidence of sound reading of set material. Very high level of quality of language, spelling and grammar; and very high rate of accuracy in use of correct forms of legal citation.
• Credit 65-74
Work demonstrating thoughtful approach to materials and clear understanding of concepts, capacity to analyse relevant legislation, cases and material and identify issues, and evidence of reading of set material. High level of quality of language, spelling and grammar; and high rate of accuracy in use of correct forms of legal citation.
• Pass 50-64
Work that is limited but adequate to demonstrate understanding of concepts and capacity to analyse relevant legislation, cases and material and identify issues, and evidence of basic reading of set material. Competent level of quality of language, spelling and grammar; and few errors in accuracy in use of correct forms of legal citation.
• Fail 0-49
Poor quality work and lack of responsiveness to questions, inability to demonstrate understanding of concepts or capacity to analyse relevant legislation, cases and material and identify issues, poor or limited evidence of reading set material. Poor quality of language, spelling and grammar; and inaccurate use of correct forms of legal citation.


AND

Workshop #2 – Arbitration practicum - COMPULSORY

Full details of the Arbitration Practicum will be posted to students prior to the workshop. Grades to be awarded for the Workshop will be Pass/Fail only.

AND

Final Examination – 60%

The final examination will test knowledge and understanding of all the topics covered in the course.

The examination will consist of a number of questions, all of which will be compulsory. There will be no choice. Students will be told how many marks each question is worth and this should guide them in the amount of time they allocate to answering the questions.

The duration of the exam will be two hours and 30 minutes (and it is suggested that students spend at least 30 minutes reading and planning their answers). The exam will be open book – meaning students may have access to their materials, including legislation and their textbook, during the examination.

The examination will take place on Saturday,21 June 2014.

The following learning objectives identified above are tested by this component of the assessment scheme: 2.1.1(a)-(g).

Grade Descriptors for the Final Examination are as follows:
• High Distinction: 85 – 100%
Demonstrates an outstanding level of understanding of the substantive content of the course in answering the questions asked; very strong knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topic; clear evidence of strong ability to construct a coherent and logical argument based on evidence; strong evidence of analytical and evaluative skills and ability to apply fundamental concepts; very highly developed skills in expression, spelling, grammar and presentation.
• Distinction: 75 – 84%
Demonstrates a very high level of understanding of the substantive content of the course in answering the questions asked; sound knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topic; clear evidence of very good ability to construct a coherent and logical argument based on evidence; clear evidence of analytical and evaluative skills and ability to apply fundamental concepts; highly developed skills in expression, spelling, grammar and presentation.
• Credit: 65 – 74%
Demonstrates a high level of understanding of the substantive content of the course in answering the questions asked; sound knowledge of principles and concepts; clear evidence of good ability to construct a coherent and logical argument based on evidence; clear evidence of analytical and evaluative skills and ability to apply fundamental concepts; good skills in expression, spelling, grammar and presentation.
• Pass: 50 – 64%
Satisfies the minimum level of knowledge in addressing the questions asked; knowledge of principles and concepts adequate to communicate intelligently in the topic and to serve as a basis for further study; evidence of basic ability to construct a coherent argument; some evidence of analytical and evaluative skills; adequate skills in expression, spelling, grammar and presentation.
• Fail: 0 – 49%
Fails to satisfy the minimum requirements and does not answer the questions; very little evidence of having read and understood the core materials covered in the course; scant knowledge of principles and concepts; very little evidence of ability to construct a coherent argument; very little evidence of analytical and evaluative skills; rudimentary skills in expression, spelling, grammar and presentation.

Students must retain a copy of all assignments submitted in this course. The written assignment should be double-spaced and have margins wide enough to allow for comments and feedback by the examiner.

All assignments in this course are to be submitted electronically. By submitting your assignment electronically you are agreeing to the following:
I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Plagiarism Policy.

Details for electronic submission will be provided with the assignment instructions.

Extensions: Requests for extensions must be made via email to the course administrator, Ms Jo Carrick. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are generally not unexpected circumstances.

When students apply for an extension, their application must give details of the extent and length of the student’s medical, compassionate or extenuating circumstances, and the length of extension that is requested. The course administrator will email the student with the outcome of their request as soon as possible after it is received. If an extension is granted, it is only provisional until formal evidence of the medical, compassionate or extenuating circumstances is received. The evidence submitted must be consistent with details provided in the email requesting the extension. If the details of the request for an extension, and the medical or other evidence verifying the reason for the extension are not consistent in all respects, the extension may be nullified, and the course administrator may in their discretion decide not to accept the assignment, or impose a penalty for late submission.

The duration of an extension is for the course administrator to determine. However, where a student is completing their studies in a program, an extension should not be granted past the census date in the following semester.


Penalties:

1. Late Submission: Submission penalties of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an assignment graded 63% will have 5% deducted if it is one hour late, giving a final grade of 58%, 10% if it is 25 hours late, etc.

2. Word Length: Written assignments which exceed the allocated word length will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, giving a final grade of 58%; if it is 3101 words long, 10% will be deducted etc). The word count includes all footnotes and headings within the text but excludes cover page information. Quotations and all referencing information are included in the word count.

Turnaround time: The written assignment for this course will be returned to students within 3 weeks of the submission date. Group feedback, together with written, individual feedback will be provided, from which students can learn from in the final assignment.

Assignments will be returned to students electronically.