LAWCOMM 421 - Commercial Arbitration

Credit points: 15 points
Offered: First Semester
Contact hours: Lectures - 3 hours per week
Course Coordinator: Associate Professor Amokura Kawharu
Prerequisites: LAW 211, 231, 241
Restriction: LAW 414

Course description

Arbitration is the method of dispute resolution most frequently chosen by lawyers involved in international business transactions. Arbitration is also increasingly popular as a means of resolving commercial disputes at the domestic level.

Students will examine domestic and international law and practice relating to commercial arbitration. The course is taught comparatively with reference to national laws, international instruments and international institutional rules.

These include the Arbitration Act 1996 and the New York Convention on the Recognition and Enforcement of Arbitral Awards. Special attention will also be given to the arbitration rules and practice of leading arbitral institutions such as the International Chamber of Commerce.

Content outline

The course covers topics such as the enforcement of the arbitration agreement; choice of law issues; appointment and authority of arbitrators; the conduct of arbitration proceedings; recognising, enforcing and setting aside awards; and the particular issues arising in investment arbitrations against sovereign states.

Assessment

Multi-choice Canvas quiz (20%)

2 hour open book exam (80%)

Open book means that you may, if you wish, bring into the exam and refer to any materials such as casebooks, textbooks and study notes.

Recommended text

Williams & Kawharu on Arbitration (2nd edition, 2017)