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Course profile

International Commercial Dispute Resolution (LAWS7028)

Study period
Sem 1 2025
Location
St Lucia
Attendance mode
In Person

Course overview

Study period
Semester 1, 2025 (24/02/2025 - 21/06/2025)
Study level
Postgraduate Coursework
Location
St Lucia
Attendance mode
In Person
Units
2
Administrative campus
St Lucia
Coordinating unit
Law School

This course deals with a range of mechanisms available for managing international commercial disputes. One of these mechanisms, international commercial arbitration, is a major growth area of legal practice and a widely used dispute resolution method in international business.

This course introduces students involved in international business to three of the most popular mechanisms which are used to resolve international commercial disputes, namely commercial arbitration, investor State arbitration, and mediation. The basic principles of international commercial arbitration are the focus of the course as arbitration is currently the most widely used dispute resolution method in international business and is based on the 1958 Convention on the Recognition and Enforcement on Foreign Arbitral Awards (known as the “New York Convention”). Participants will also be introduced to investor State arbitration which potentially enables an investor to bring an arbitration claim against the State where the investment is made, if the State breaches an international obligation which damages the investment. The course also looks at the basic principles of mediation which is likely to increase in popularity in view of the United Nations Convention on International Settlement Agreements Resulting from Mediation which was adopted on 7 August 2019 in Singapore, and entered into force on 12 September 2020 (known as the “Singapore Convention”) but the basic international legal framework and principles of international commercial arbitration remain the focus of the course. The course objective is to give a contextual understanding to the legal framework for international commercial arbitration; to enable participants to recognise legal issues, apply their own critical thinking to the application of the relevant law and reach their own independent conclusions. For example, theᅠchoice which is the most appropriate procedure/s to be adopted for a particular dispute and to make informed decisions when involved in resolving disputes in international cross border transactions/commerce and direct private foreign investment with or without participation by sovereign State entities in 'commerce or trade' activities.ᅠ

Course requirements

Restrictions

MICLaw, MICLaw/MCom, MCom, MBus, MIL, MIR/MIL, MCyberSec, GCBusLead

Course contact

Course staff

Course coordinator

Timetable

The timetable for this course is available on the UQ Public Timetable.

Additional timetable information

This course will commence in Week 1 and this Week 1 session will be held on Friday 28 February 2025 as shown in the UQ Public Timetable above. All sessions are scheduled for 2 hours on Tuesdays from 3pm to 5pm, Brisbane time (with regular comfort breaks). In teaching Week 11 there will be two sessions - Tuesday from 3pm to 5pm; and Thursday from 8am to 10am Brisbane time (with regular comfort breaks). All weekly in person sessions will conclude in Week 11. The format will be in the style of a "Lectorial" (i.e., part lecture and tutorial) requiring preparation and your active participation.

 

The EoS take home paper will be released in Week 11. The EoS Written Response component is due in Week 12 and the Oral Assessment based on the submitted Written Response will take place, as pre booked/scheduled with the Law School/Coordinator, in Week 13 (26 - 30 May 2025). Exact Release and Due Dates for all assessments are located in Section 6 below and in the Course Map 2025 located under the Learning Resources Tab in the Course Site