LAW 3614 - International Commercial Dispute Resolution
North Terrace Campus - Semester 1 - 2023
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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 LawCourse Timetable
The full timetable of all activities for this course can be accessed from .
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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. University Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
University 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.
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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 injunctionsWeek 2 International litigation – contractual choice of law, recognition and enforcement of
judgmentsWeek 3 International commercial arbitration – introduction, arbitrability, arbitration agreements Week 4 International commercial arbitration – creating and challenging a tribunal, procedural rules,
interim measuresWeek 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 University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- 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 University 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 .
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Student Feedback
The University 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 University 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.
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Student Support
- Academic Integrity for Students
- Academic Support with Maths
- Academic Support with writing and study skills
- Careers Services
- Library Services for Students
- LinkedIn Learning
- Student Life Counselling Support - Personal counselling for issues affecting study
- Students with a Disability - Alternative academic arrangements
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Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
- Academic Integrity Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment Policy
- Reasonable Adjustments to Learning, Teaching & Assessment for Students with a Disability Policy
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
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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 成人大片 is committed to regular reviews of the courses and programs it offers to students. The 成人大片 therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.
