成人大片

Academic Course Coordinator:
Kath McEvoy
Adelaide Law School
Room 2.18, Ligertwood Building
Telephone: +61 8 8313 5936
Email: kathleen.mcevoy@adelaide.edu.au

Administrative Coordinator:
Joanna Carrick
Professional and Continuing Education
Level 9, 115 Grenfell Street
Telephone: +61 8 8313 4777
Email: joanna.carrick@adelaide.edu.au

 Knowledge and Understanding
Arbitration and settlement of commercial disputes by private but regulated arbitral processes, outside the public court system, is increasingly critical in the commercial world. A “Model Law” was developed by the United Nations Commission in International Trade Law (UNCITRAL) in the 1980s to address arbitration of commercial disputes where there is an international element. National laws, through Commonwealth legislation and uniform State legislation, has also regulated commercial arbitration in Australia for some decades, and has since 2010 reflected and essentially incorporated the UNCITRAL Model Law. This legislation is designed to facilitate the fair and final arbitration of commercial disputes by arbitration without unnecessary delay or expense.
The purpose of this course is to assist students to obtain a deep as well as practical understanding of the principles of commercial arbitration as they operate in Australian law, and it builds on the foundational knowledge obtained through the course Introduction to Arbitration.
The course aims to enable students:
a) to appreciate and understand the historical context in which the legal regulation of commercial arbitration in Australia has developed and operates;
b) to identify and apply the fundamental principles of the regulation of commercial arbitration in Australia;
c) to analyse and apply relevant case law applicable to commercial arbitration;
d) to identify, interpret and apply the relevant legislation in relation to commercial arbitration in Australia;
e) to demonstrate and understanding of and an ability to apply the principles and law relevant to the arbitration of commercial disputes through participation in online tutorials and discussion boards and in workshops, and to access and research relevant legal principles on the internet;
f) to present argument, both orally and in writing, in relation to the arbitration of commercial disputes;
g) to demonstrate these skills through role-play in hypothetical arbitration processes.
 
Communication Skills
High level interpersonal communication skills are important for all graduates, and is central to the application of the skills to be developed in this course. The course specifically seeks to develop students’ skills:
a) to listen and respond to the contributions of other students in relation to dispute resolution and commercial arbitration;
b) to develop and present convincing and comprehensive arguments, both orally and in writing, in relation to dispute resolution generally and particular examples of commercial arbitration, and in particular with reference to the rules of evidence and incorporating the legal principles relevant to commercial arbitration;
c) to demonstrate effective communication skills through participation in role plays.
 
Attitudes and values
The course aims
a) to engender in students a commitment to the principles of the rule of law;
b) to be aware of the ethical principles which are essential to the successful management of dispute resolution through commercial arbitration;
c) to be aware of and understand social and cultural diversity which may be relevant to the selection and operation of appropriate dispute resolution processes.

Students will be provided with access to the following required resources:
Legislation:
Commercial Arbitration Act 2010 (NSW)
Commercial Arbitration Act 2011 (SA)
Commercial Arbitration Act 2011 (Tas)
Commercial Arbitration Act 2011 (Vic)
International Commercial Arbitration Act 1974 (Cth)

Textbook
Students must obtain or have access to the following text:
Doug Jones, Commercial Arbitration in Australia, Thomson Reuters (Professional) Australia Ltd, Sydney 2011

Internet Resources:
The website of the Institute of Arbitrators and Mediators Australia (IAMA) is www.iama.org.au
This site provides access to information concerning IAMA membership and events, as well as a wide range of information concerning arbitration more generally, and relevant websites.
Australian Legal Information Institute (Austlii) site - http://www.austlii.edu.au/
This website provides free access to a wide range of Australian legal resources, including legislation and course decisions.
Other websites containing recommended material will be referred to and available throughout the course and will be linked on the course MyUni site..

 MyUni will be used to post announcements and assignment and other learning tasks. It 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. It will also contain any PowerPoint slides used in the workshops. Students will participate in online tutorial exercises which are on MyUni. After a student has submitted their response online to tutorial exercises, they will be able to access general feedback by reading a “model answer” to that exercise question in order to assess their own learning and understanding of the issues.

Students will also contribute to discussion boards which will also be available on MyUni. The discussion boards provide addition learning flexibility to enable students to demonstrate their participation and learning in the course, and also provide an online venue for students to engage in discussion with each other as part of the learning process.

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

 Introductory Workshop
There will be a half day introductory workshop at the beginning of the course. The workshop will be offered Adelaide and Sydney. This workshop is not compulsory, but students are strongly encouraged to attend. Further information regarding the workshop venue will be provided to students directly prior to course commencement.

This workshop will provide a quick revision and contextualisation of the material covered in the Introduction to Arbitration course as well as an introduction to the material in this course. In particular it will address the relationships between the State and Territory uniform commercial arbitration legislation, and the Commonwealth legislation.

The workshop will also revise the use of MyUni and provide students with an opportunity to meet fellow students and the academic director of the course.

The Introductory Workshop will be held in Adelaide on Friday 25 July 2014; and in Sydney on 26 July 2014.

Online tutorials
Online tutorials located through MyUni provide the primary learning activities for this course. The tutorials provides specific guide to reading the information contained in the textbook, and the problems provide an opportunity for students to test their understanding of that material through a series of questions and short problems which are answered online. Once the questions have been addressed, students can access general online feedback in the form of a “model answer” to each question, enabling students to assess their own understanding of the material.

To participate effectively in online learning, it is anticipated that students will spend about 7 hours per week in the reading and preparation of the material, as well as up to 2 hours per week online addressing the online exercises.

While students can access the materials in the tutorials at any time, the material builds on the previous week’s work. Students are strongly advised to work consistently through the semester in order to provide themselves with the best learning opportunities.

Discussion Boards
There are Discussion Board topics for each week of the course, other than for the Workshop.
The Discussion Boards provide opportunities for students to address with other students specific issues on substantive aspects of the topic identified on the Board. Students are expected to contribute to each discussion board at least once, but may make whatever additional contributions they choose. The Discussion Boards take the place of broader discussion that might occur face to face at tutorials or in more informal discussion between students, and enable valuable developments in understanding the issues in the course. The purpose of the boards is to provide an opportunity for students to learn from one another and to share their learning, and to provide a flexible forum for participation and to demonstrate their understanding.

It is expected that students will spend an hour a week reading and contributing to the discussion board for the week’s topic.

Discussion Board questions will be posted on weekly basis. Students should access the discussion board on weekly basis in order to provide themselves with the best learning. The discussion board will be monitored by the academic staff on a weekly basis, and general group feedback will be provided each week.

Workshop #2
The second Workshop (Workshop #2) will be conducted over 1 ½ days in Adelaide on Friday 12 September 2014 and Saturday 13 September 2014; and in Sydney on Friday 19 September 2014 and Saturday 20 September 2014.

Attendance at and participation in Workshop #2 is a compulsory part of the course. Workshop assessment is based on the Saturday workshop.

Workshop #2 takes the form of an Arbitration Practicum, with role play and Arbitration exercises. On the Friday there will be an opportunity to revise some of the material directly relevant to the arbitration exercises to be undertaken on the Saturday, and in particular to look at issues addressing the definition of the dispute for arbitration and an analysis of the hearing. The workshop on the Saturday will be conducted by experienced practitioner arbitrators provided by the Institute of Arbitrators and Mediators Australia (IAMA). Students will have an opportunity to put their knowledge into practice with the assistance and support of professional guidance. The Saturday workshop will address the application of legal principle to the resolution of the dispute, and the development of the award and award writing.

In order to successfully complete the workshop and its assessment students will have to have completed all online tutorials and discussion boards covering the topics prior to the workshop.

Workshops
There are two workshops:
· A half day introductory workshop at the beginning of the course. This is NOT compulsory. This is a 4 hour workshop (Adelaide on Friday 25 July 2014; Sydney on 26 July 2014).
· A one and a half day workshop in Adelaide on Friday 12 September 2014 and Saturday 13 September 2014; and in Sydney on Friday 19 September 2014 and Saturday 20 September 2014.– Workshop #2. THIS WORKSHOP IS COMPULSORY. This workshop is 4 hours on the Friday, and 8 hours on the Saturday. There will be preparatory work required for this workshop. The time commitment for this workshop and preparation will be 12 (attendance) + 3 (preparation) hours.

Online Contact time
Students are expected to participate in the online tutorials and it is expected this will take about 2 hours per topic (approximately 20-22 hours), and online discussion boards per topic each for one hour (approximately 10-11 hours). This amounts to 30-33 online hours across the semester.
Preparation time
In addition to attending the workshops and participating in the online learning activities, students are expected to undertake independent reading and research in order to complete the learning tasks and to complete the course assessments. It is expected that reading and preparatory work will take up approximately 8 hours per week over each of the 12 weeks of the course.

Week	Dates	Topic	Workshop	Online Tutorial	Discussion Board
1	Friday 25 July Adelaide OR Saturday 26 July Sydney	#1 No specific tutorial topics for this week. There will be an introduction and overview of the course including assessment arrangements, a discussion of the Exam in the Introduction course & general revision of some aspects of the introduction course.	Introductory workshop	Topic # 1	There are no discussion board questions for this week/topic. However, any questions you would like discussed at the Introductory Workshop can be posted on the Discussion Board for this week.
2	Week commencing 4 August Due: Tuesday 5 August	#2 Advanced Issues under the Commercial Arbitration Act and Allied Legislation		Topic # 2	Advanced Issues under the Commercial Arbitration Act and Allied Legislation
3	Week commencing 11 August Due: Tuesday 12 August	#3 Waiver and Estoppel		Topic # 3	Waiver and Estoppel
4	Week commencing 18 August Due: Tuesday 19 August	#4 Advanced Law of Evidence (Part 1)		Topic # 4	Advanced Law of Evidence (Part 1)
5	Week commencing 25 August Due: Tuesday 26 August	#5 Advanced Law of Evidence (Part 2): Expert Evidence and Expert Conclaves		Topic # 5	Advanced Law of Evidence (Part 2): Expert Evidence and Expert Conclaves
6	Week commencing 1 September Due: Tuesday 2 September	#6 Formal Arbitration Hearings		Topic # 6	Formal Arbitration Hearings
7	Week commencing 8 September Due: Tuesday 9 September	#7Completing the Hearing – The Award		Topic # 7	Completing the Hearing – The Award Appeals and referrals back to Arbitrator Each student is required to post a question to be considered for discussion during the first day of the workshop. DUE 9 SEPTEMBER
	ADELAIDE Friday 12 September and Saturday 12 September	WORKSHOP Defining the Dispute and conducting the hearing	Compulsory Practical Workshops	Topic 8
8	Sydney Friday 19 September & Saturday 20 September	Workshop Defining the Dispute and conducting the hearing	Compulsory Practical Workshops	Topic # 8
9	Week commencing 22 September Due: Tuesday 23 September	#9 Available Alternatives to Formal Hearings & Section 27D Conferences		Topic # 9	Available Alternatives to Formal Hearings & Section 27D Conferences
10	Week commencing 29 September Due: Tuesday 30 September	#10 Costs and Remedies		Topic #10	Costs and Remedies
11	Week commencing 6 October Due: Tuesday 7 October	#11Court References and Powers of Courts		Topic #11	Court References and Powers of Courts   ASSIGNMENT DUE MONDAY 13 OCTOBER
12	Week commencing 13 October Due: Tuesday 14 October	#12 Introduction to International Commercial Arbitration		Topic #12	Introduction to International Commercial Arbitration
	Exam Preparation				EXAM SATURDAY 15 NOVEMBER

Students should note that attendance at and participation in the second workshop (Workshop #2) is compulsory, and students must pass this component in order to pass the course. 

The University’s policy on Assessment for Coursework Programs is based on the following five principles:
1) Assessment must encourage and reinforce learning;
2) Assessment must measure achievement of the stated learning objectives;
3) Assessment must enable robust and fair judgements about student performance;
4) Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned; and
5) Assessment must maintain academic standards (see: http://www.adelaide.edu.au/policies/700/ )
 

Assessment Item	% of final mark	Due date	Learning objectives
Participation in and completion of online tutorials and discussion boards	20%	Throughout semester on weekly basis Individual feedback provided for tutorial questions for topics 2-4. Group feedback and/or model answers provided throughout semester.	2.1.1 (a) – (f), 2.1.2 (a) and (b), 2.1.3 (a) – (c)
Attendance and participation required in Workshop #2.	Satisfactory/ Unsatisfactory grade. A satisfactory grade is required to pass the course overall.	12/13 September 2014, OR 19/20 September 2014	2.1.1 (a) – (f), 2.1.2 (b), 2.1.3 (b)
Written Assignment	30%	15 October 2014	2.1.1 (a) – (f), 2.1.2 (b), 2.1.3 (b)
Examination	50%	15 November 2014	2.1.1 (a) – (f), 2.1.2 (b), 2.1.3 (b)

Supplementary Assessment

Supplementary Examination
Where a student fails the course but qualifies academically for replacement assessment by achieving a final overall mark of at least 45% and including a Pass in Workshop #2 component of the course assessment, they may sit the supplementary (replacement) examination. The supplementary examination takes the same form as the primary examination.
In cases where the supplementary examination is granted on academic grounds a maximum mark of 50% for the course can be obtained.

Supplementary #2 Workshop
If a student has attended and participated in Workshop #2 but does not achieve a satisfactory (pass) grade, they must satisfactorily complete replacement practical work demonstrating that they fulfil the knowledge and skills required to pass this assessment task. The form of the supplementary practical assessment will be determined in individual cases in consultation with the student and the IAMA workshop representative.

 Students should note that attendance at and participation in the second workshop (Workshop #2) is compulsory, and students must pass this component in order to pass the course. In addition, in order to pass the course overall, students must complete all the other assessment exercises in this course.

Participation in Online Tutorials and Discussion Boards 20%

Online Tutorials
Students are expected to complete all online tutorials available through MyUni.

Having answered a question, students can then access online general feedback in the form of a ‘model answer’ which will enable the student to check their understanding.

Individual feedback will be provided to students for topics 2-4. Students will be provided with an overall grade for their participation in the online tutorials and discussion boards at the end of the course. General feedback will also be provided via the discussion boards.

Students will be assessed on the quality of the responses they post in each of these tutorials.

The learning objectives tested by this component of the assessment scheme are set out above, namely, 2.1.1 (a) – (f), 2.1.2 (a) and (b), 2.1.3 (a) – (c). Participation in the tutorials will also enable students to demonstrate their capacity to fulfil the learning objectives in 2.1.2 (a) and (b).

AND

Contributions to Discussion Boards (included in the 20% for participation)
Students will also be assessed on the quality of their contribution to each of the discussion boards for each topic. Each student should make at least one contribution to each discussion board.

Each student is required to post a question to be considered for discussion during the first day of the workshop. DUE 9 SEPTEMBER 2014

The learning objectives tested in this component of the assessment scheme are set out above at 2.1.1 (a) – (f), 2.1.2 (a) and (b), 2.1.3 (a) – (c).

The grade descriptors for the discussion Boards component are the same as set out below in relation to the
Online Tutorials.

Grade Descriptors for tutorial participation are as follows:
High Distinction 85 – 100
Participation in all online tutorials, demonstrating an 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 a 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 a very good understanding of those issues.

Credit 65 – 74
Participation in all online tutorials, demonstrating a thoughtful approach to the material 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 most online tutorials, demonstrating an 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 adequate 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 or preparation.

Written Assignment 30%
Each student must submit a written assignment addressing the question(s) which will be posted on MyUni. The assignment must be submitted electronically in Adelaide by 2.00pm on Monday 15 October 2014.

The written assignment is to be a maximum of 2500 words. Footnotes and bibliography are not to be included in the word count. Footnotes should be limited to references only and not contain substantive material.

In citing material in footnotes the referencing system used in the Australian Guide to Legal Citation (3rd edition, 2012) should be used. This can be accessed at <<http://mulr.law.unimelb.edu.au/go/aglc>>

In assessing the quality of the written assignment, the quality of insight and demonstrated understanding of the concepts will be of key importance. In general the following factors will be taken into account:

Preparation: evidence of prior reading and understanding of the relevant materials, the ability to identify relevant issues and prepare arguments in relation to them;

Quality of discussion: including evidence of a deep understanding of the conceptual issues and the ability to analyse and apply legal materials and concepts.

The following learning objectives are tested by this component of the assessment scheme: 2.1.1 (a) – (f), 2.1.2 (b), 2.1.3 (b).


Grade Descriptors for written assessment

High Distinction 85 – 100
Outstanding level of quality work demonstrating a strong understanding of concepts, a high level of analysis and a strong capacity to identify issues, clear understanding of relevant legislation, cases and materials, and evidence of thorough and wide ranging reading. Outstanding level of quality of language, spelling and grammar, and accuracy in correct forms of legal citation.

Distinction 75 - 84
Work of a highly developed nature demonstrating clear understanding of concepts, a high level of analysis and a strong capacity to identify issues, sound understanding of relevant legislation, cases and materials, and evidence of thorough and sound reading of set reading. Very high level of quality of language, spelling and grammar, and accuracy in correct forms of legal citation.

Credit 65 – 74
Work demonstrating a thoughtful approach to materials and clear understanding of concepts, capacity to analyse relevant legislation, cases and material and identify issues, and evidence of sound reading of set reading. High level of quality of language, spelling and grammar, and accuracy in 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 reading. Competent level of quality of language, spelling and grammar, and basic accuracy in correct forms of legal citation.

Fail 0 – 49
Poor quality work which does not demonstrate an ability to demonstrate understanding of concepts or capacity to analyse relevant legislation, cases and material and identify issues, and poor or limited evidence of basic reading of set reading. Poor quality of language, spelling and grammar, and incorrect use of the correct forms of legal citation.

Workshop #2 Satisfactory/Unsatisfactory
Full details concerning the Workshop #2 provided to students after the commencement of the Course.

Students will receive a Satisfactory or Unsatisfactory Grade based on their participation in the Saturday workshop and their demonstrated understanding of Arbitration, its processes and the role of the Arbitrator.

Students must receive Satisfactory Grade in the Workshop in order to pass the Course.

The following learning objectives are tested by this component of the assessment scheme: 2.1.1 (a) – (f), 2.1.2 (b), 2.1.3 (b)

Final examination 50%
The final examination will test knowledge and understanding of all the topics covered in this course.

The examination will consist of a number of questions, all of which will be compulsory. There will be no choice. The examination paper will indicate the marks to be assigned to each question.
The exam will be for a period of three (3) hours and ten (10) minutes, and students will use the 10 minutes to read and plan their answers.

The exam will be open book – students may bring all their notes, materials, legislation and texts to the exam and may have access to them during the exam.

The exam will be held on Saturday 15 November 2014.
Any other information or instructions concerning the exam will be posted on MyUni.

The following learning objectives are tested by this component of the assessment scheme: 2.1.1 (a) – (f), 2.1.2 (b), 2.1.3 (b).

Grade Descriptors for the final examination:

High Distinction 85 – 100
Demonstrates an outstanding of the substantive content of the content of the course in addressing 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 topics; clear evidence of a strong ability to construct a coherent and logical argument based on the evidence; strong evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; 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 content of the course in addressing the questions asked; sound knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topics; clear evidence of a very good ability to construct a coherent and logical argument based on the evidence; clear evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; highly developed skills in expression, spelling, grammar and presentation.

Credit 65 – 74
Demonstrates a high level of understanding of the substantive content of the content of the course in addressing the questions asked; sound knowledge of principles and concepts; clear evidence of a good ability to construct a coherent and logical argument based on the evidence; clear evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; good skills in expression, spelling, grammar and presentation.

Pass 50 – 64
Satisfies the minimum level of knowledge and understanding of the substantive content of the content of the course in addressing the questions asked; knowledge of principles and concepts adequate to communicate accurately on the topic; evidence of a basic ability to construct a coherent argument based on the evidence; some evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; adequate skills in expression, spelling, grammar and presentation.

Fail 0 – 49
Fails to satisfy the minimum level of knowledge and understanding of the substantive content of the content of the course and failure to address the questions asked; very little demonstrated knowledge of principles and concepts in the course; very little evidence of ability to construct a coherent argument based on the evidence; very little evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; inadequate 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 with margins wide enough for handwritten comments and feedback from the examiners.

The written assignment is to be submitted electronically. Students must ensure their name and student ID number appear on all written assignments.

By submitting their assignment electronically the student is 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 Joanna Carrick (see details above). 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 not unexpected circumstances. Any application for extension should include details of the student’s ground for the extension and evidence supporting it, and the period of the extension sought. The course administrator will email the student with the decision concerning the request as soon as possible.

Penalties

Late Submission
Where an assignment is submitted after the due date, and without an extension, 5% of the total mark possible will be deducted for every day or part therefore that it is late, including each day on the weekend.

Word Length
5% of the total mark possible for a written assignment will be deducted for 10% by which it exceeds a stimulated word limit. Words are calculated including headings within the text but excluding cover page information and footnotes (which are required to be for reference purposes, not substance). Quotations 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 (in the form of a general “Model answer”, 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.