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Course profile

International Commercial Dispute Resolution (LAWS7028)

Study period
Sem 1 2025
Location
External
Attendance mode
Online

Course overview

Study period
Semester 1, 2025 (24/02/2025 - 21/06/2025)
Study level
Postgraduate Coursework
Location
External
Attendance mode
Online
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

Aims and outcomes

Teaching Mission Statement

The mission of theᅠTC BeirneᅠSchool of Law is to educate students in and about the law although this course is primarily directed at non-lawyers who are interested in international business. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.

Course Aims

The aim of the course is to provide a general understanding of the law and practice of international dispute resolution, and in particular international commercial arbitration, investor State arbitration and international mediation.

Learning outcomes

After successfully completing this course you should be able to:

LO1.

understand the basic concepts in international commercial arbitration, investor State arbitration, and mediation;

LO2.

deal with the question of which process/es is the most appropriate form of dispute resolution process;

LO3.

know the general principles and practice of commencing, participating in and conducting an international arbitration process;

LO4.

understand how the outcome of a mediation process is potentially enforced;

LO5.

know the general principles and practice of commencing, participating in and conducting an international commercial arbitration; and

LO6.

understand how the outcome of an international commercial arbitration is enforced.

Assessment

Assessment summary

Category Assessment task Weight Due date
Essay/ Critique Written response to Contextual Arbitral Scenarios
  • Online
40%

10/04/2025 - 16/04/2025

Covering Weeks 1-7 content

RELEASED 10/04/2025 at 2:00pm AEST

SUBMISSION DUE 16/04/2025 before 2:00pm AEST

Essay/ Critique Written responses: essay and/or short answers Response with Oral Assessment based on submitted Response
  • In-person
  • Online
60%

16/05/2025 - 30/05/2025

Covering Weeks 1-12 content

Paper RELEASED at 2:00 pm AEST 16/05/2025 (Week 11).

Written Response SUBMISSION Due before 2:00pm AEST 23/05/2025 (Week 12).

Oral Assessment will be Scheduled in the period 26 -30 May 2025 (Week 13).

Assessment details

Written response to Contextual Arbitral Scenarios

  • Online
Mode
Written
Category
Essay/ Critique
Weight
40%
Due date

10/04/2025 - 16/04/2025

Covering Weeks 1-7 content

RELEASED 10/04/2025 at 2:00pm AEST

SUBMISSION DUE 16/04/2025 before 2:00pm AEST

Learning outcomes
L01, L02, L03, L05

Task description

The Take Home Assessment must be the individual student’s own work and the following conditions apply to the written response (Response):


  • Only one (1) submission of the Response can me made electronically via Turnitin in the Assessment window for submission.
  • The use of AI is not permitted in this course. You are not permitted to input any course materials including the Take Home Assessment into any Generative AI or large language model or send course materials to any data trading sites or platforms used to generate summaries or translations. This is a breach of copyright and doing so will be considered misconduct.
  • Students are not permitted to upload or input any course materials in any format including (transcripts, screenshots and/or recordings) into any Generative AI or large language model and are not permitted to use course materials in data trading sites or platforms that ask for summaries of course material and doing so will be considered misconduct.
  • Students are not to consult with any other person in relation to the questions on the assessment. Students may consult with the Course Co-ordinator if clarification of any question is thought necessary. The Course Co-ordinator may circulate clarifications to the entire class if necessary or appropriate.
  • The use of AI (e.g., ChatGPT etc) to form any part of your Responses is not permitted and will be detected. The submission of AI generated Responses or content in whole or part in any Response submitted in the Assessments in this Course fails to meet the UQ (Postgrad Coursework) graduate attributes of Influential communicators and Respectful leaders. The full requirements of the graduate attributes are located here https://itali.uq.edu.au/teaching-guidance/curriculum-design-and-review/graduate-attributes. Any AI generated content in any Response as detected by AI detection software in respect of a Response will be referred to the Law School's Academic Integrity Officer on suspicion of academic misconduct and that the penalty may include a fail grade being awarded for that piece of assessment and/or the imposition of other appropriate sanctions. 
  • If AI generated content is suspected in your Response the Course Co-ordinator may require you to attend Campus, on a date and time nominated by the Course Co-ordinator sent by email to your UQ student email address, for an in person Oral Assessment of your Response before a final grade is allocated. If you do not attend on the notified date and time a final grade will not be allocated or published in respect of the Response.
  • Students are required to sign a declaration that the answers submitted in their Response are their own, and that they have not consulted with any other person in relation to the assessment. Answers submitted without this declaration will not be accepted.
  • Where it is established that a student has used AI in their Response or consulted with any other person in relation to the questions on the assessment, that student will be referred to the Academic Integrity Officer.
  • Students are required to prepare a logical written reasoned Response (using the response template provided in the Course Site) to the Take Home Assessment questions demonstrating knowledge by identifying relevant issues, concisely stating procedure/legal rules/laws engaged ("Law"), applying the Law to the facts, developing arguments or synthesising relevant law/concepts and stating a conclusion/advice/drafting.


Format and Length

The Response must be submitted using the Response format provided in the Course Blackboard Site in the Assessment Tab. The Response must be submitted in Microsoft Word file format (.docx) file format electronically in Turnitin via the submission folder on the Course Blackboard Site.   


The word limit must be calculated based on the style of the Response being in the template provided in the Assessment Tab of the Course Blackboard Site and in the format Times New Roman font with line spacing of 1.5. The word limit for the Response to a Contextual Arbitral Factual Scenario is set out below:


Question 1 (750 Words)

Question 2 (750 Words)

Question 3 (750 Words).


The aggregate word limit is 2,250 words. You must keep to the maximum word limit for each Question in your Response.  Any text beyond the individual Question word limit (noted above) per Response will not be read or taken into account in awarding marks; a penalty will be applied of 1 mark per 100 words over the word limit in the Response. By way of clarification, the 2,250 aggregate word limit:


  •    includes headings;
  •    does not include text in the header or word count; and
  •    does not include footnotes - however footnotes must be used for citation purposes only. Any narrative/contention or substantive text that appears in the footnote will not be read or taken into account in awarding your mark.


For style and referencing, students should refer to the Australian Guide to Legal Citation. See item 3.4 of this course profile for further details.


You must include all of the following on the title page of your Response submitted:

  •    The student’s name and number;
  •    A declaration that the answers are the student’s own work and that he or she has not consulted with any other person (This is very important. Note that the form of this declaration differs from the standard declaration on the BEL Assignment Cover Sheet); and
  •    The word count per response and the aggregate word count for all responses.

The Take Home Assessment will be a mixture of short answer questions, problem questions based on one or more Stimulus material or reading provided in the Assessment covering the content of Weeks 1 to 7 (inclusive).  

Students will be required to prepare a logical written reasoned response ('Response") to 3 Contextual Arbitral Scenarios demonstrating knowledge by identifying relevant issues, concisely stating procedure/legal rules/laws engaged ("Law"), applying the Law to the facts, developing arguments or synthesising relevant law/concepts and stating a conclusion/advice/drafting.


Submitting Response

  • Only one (1) submission of the Response will be accepted. The Response must be submitted using the Response format provided in the Course Blackboard Site in the Assessment Tab. The Response must be submitted in Microsoft Word file format (.docx) file format electronically in Turnitin via the submission folder on the Course Blackboard Site. 


It is a mandatory prerequisite of this module that each student has successfully completed their Academic Integrity Module before enrolling in this course or in their first semester of enrolment. To check if you have completed it please go to your Studies Report in mySI-net. If it does not show as being completed please click the link here to complete https://web.library.uq.edu.au/library-services/it/learnuq-blackboard-help/academic-integrity-modules.

 

This module is offered in instructor-paced mode and prior completion of the Academic Integrity Module is part of the assessment details in this course and is published here before the scheduled start date. Successful prior completion of your Academic Integrity Module is required as part of your assessment in this course module. 

The relevant University policy requiring completion of the Academic Integrity Module and consequences of not completing it can be found here https://policies.uq.edu.au/document/view-current.php?id=356&version=1  


Extracts of the policy are set out below for your reference and Section 7 relevantly provides: 


Academic Integrity Modules

Two online modules on the edX (Edge) platform that are designed to help students understand their obligations and responsibilities. Students enrolled in degree programs at UQ must complete these modules in their first semester of enrolment.


The consequences of not completing your Academic Integrity Module are set out in the policy located here https://policies.uq.edu.au/document/view-current.php?id=356&version=1 which include: 

·               being stopped from enrolling in further courses, this is located in Section 3 (9) (10) and (18) of the policy;

·               not being eligible for supplementary assessment (see Section 3 (47));

·               not having the Course assessment results included in the Official Academic Transcript (see Section 3 (58)). 

For your ease of reference the full text of the relevant sections of the policy are set out below: 

Quote.

"Admission

(9)  An applicant must meet all admission requirements prior to admission and no conditional offers can be made.

(10) Students must complete both Academic Integrity Modules prior to enrolling in their third shorter form credential module.

Enrolment

(18) A person who has been expelled or refused enrolment at UQ or another tertiary educational institution, for either academic or non-academic reasons, may be refused enrolment in a shorter form credential at this University.

The successful completion of the Academic Integrity Module forms part of your assessment in this course module; is required to satisfactorily complete it and the consequence of not completing it is located in Section 3 (47) and (58) set out below: 

Assessment Dates

(47) A student who does not pass the assessment for a shorter form credential module will not be eligible for supplementary assessment.

Record of Completion 

 

(58) The Official Academic Transcript will provide details for all shorter form credential modules that have been satisfactorily completed (i.e. passing grades only), including the grade for each module, as well as details of all shorter form credential suites that have been satisfactorily completed."

 

  • Unquote."

Submission guidelines

Only one (1) submission of the Response will be accepted. The Response must be submitted using the Response format provided in the Course Blackboard Site in the Assessment Tab. The Response must be submitted in Microsoft Word file format (.docx) file format electronically in Turnitin via the submission folder on the Course Blackboard Site.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

Written responses: essay and/or short answers Response with Oral Assessment based on submitted Response

  • In-person
  • Online
Mode
Oral, Written
Category
Essay/ Critique
Weight
60%
Due date

16/05/2025 - 30/05/2025

Covering Weeks 1-12 content

Paper RELEASED at 2:00 pm AEST 16/05/2025 (Week 11).

Written Response SUBMISSION Due before 2:00pm AEST 23/05/2025 (Week 12).

Oral Assessment will be Scheduled in the period 26 -30 May 2025 (Week 13).

Learning outcomes
L01, L02, L03, L04, L05, L06

Task description

The Take Home Assessment must be the individual student’s own work and the following conditions apply to the written response (Response):


  • Only one (1) submission of the Response can me made electronically via Turnitin in the Assessment window for submission.
  • The use of AI is not permitted in this course. You are not permitted to input any course materials including the Take Home Assessment into any Generative AI or large language model or send course materials to any data trading sites or platforms used to generate summaries or translations. This is a breach of copyright and doing so will be considered misconduct.
  • Students are not permitted to upload or input any course materials in any format including (transcripts, screenshots and/or recordings) into any Generative AI or large language model and are not permitted to use course materials in data trading sites or platforms that ask for summaries of course material and doing so will be considered misconduct.
  • Students are not to consult with any other person in relation to the questions on the assessment. Students may consult with the Course Co-ordinator if clarification of any question is thought necessary. The Course Co-ordinator may circulate clarifications to the entire class if necessary or appropriate.
  • The use of AI (e.g., ChatGPT etc) to form any part of your Responses is not permitted and will be detected. The submission of AI generated Responses or content in whole or part in any Response submitted in the Assessments in this Course fails to meet the UQ (Postgrad Coursework) graduate attributes set out in Section 2 Aims and Objectives (C3, C5, D2, D5 and E4) of this Course Profile. Any AI generated content in any Response as detected by AI detection software in respect of a Response will be referred to the Law School's Academic Integrity Officer on suspicion of academic misconduct and that the penalty may include a fail grade being awarded for that piece of assessment and/or the imposition of other appropriate sanctions. 
  • You will be required to attend an Oral Assessment based on your submitted Response which will form part of the cumulative grade for this Assessment. The Course Co-ordinator/Law School will send to your student email your individual Oral Assessment date, time and venue when you are required to attend to complete the Oral Assessment of your written Response to complete this Assessment. You will be required to attend in person at the St Lucia Campus. Online overseas Students will undertake their Oral Assessment via Zoom or other recorded platform to be notified by the Course Coordinator. The Oral Assessment is an integral part of this one piece of summative assessment and is required to be completed before a final grade can be allocated. If you do not attend on the notified date and time a final grade will not be allocated or published in respect of the Response as you will not have completed the assessment.
  • Students are required to sign a declaration that the answers submitted in their Response are their own, and that they have not consulted with any other person in relation to the assessment. Answers submitted without this declaration will not be accepted.
  • Where it is established that a student has used AI in their Responses or consulted with any other person in relation to the questions on the assessment, that student will be referred to the Academic Integrity Officer.
  • Students are required to prepare a logical written reasoned Response (using the response template provided in the Course Site) to the Take Home Assessment questions demonstrating knowledge by identifying relevant issues, concisely stating procedure/legal rules/laws engaged ("Law"), applying the Law to the facts, developing arguments or synthesising relevant law/concepts and stating a conclusion/advice/drafting.
  • The Oral Assessment is based on your submitted Response. The format of the Oral Assessment (OA) will take place as a formal question answer session on your Response. The length of the Oral Assessment will take approximately 30-45 minutes. You may have your written Response and reference material referred to in it accessible during the OA but you will not generally have time to go researching your answers in the OA. You will be required at the commencement of the Oral Assessment to verify your identity and to physically have with you and show your photo ID (i.e., current UQ Student Card/Driver's License or Passport) for this purpose.


Format and Length

The Response must be submitted using the Response format provided in the Course Blackboard Site in the Assessment Tab. The Response must be submitted in Microsoft Word file format (.docx) file format electronically in Turnitin via the submission folder on the Course Blackboard Site.   


The word limit must be calculated based on the style of the Response being in the template provided in the Assessment Tab of the Course Blackboard Site and in the format Times New Roman font with line spacing of 1.5. The word limit for the Response to a Contextual Arbitral Factual Scenario is set out below:


Question 1 (1,400 Words)

Question 2 (1,700 Words)

Question 3 (1,400 Words).


The aggregate word limit is 4,500 words. You must keep to the maximum word limit for each Question in your Response.  Any text beyond the individual Question word limit (noted above) per Response will not be read or taken into account in awarding marks; a penalty will be applied of 1 mark per 100 words over the word limit in the Response. By way of clarification, the 4,500 aggregate word limit:


  •    includes headings;
  •    does not include text in the header or word count; and
  •    does not include footnotes - however footnotes must be used for citation purposes only. Any narrative/contention or substantive text that appears in the footnote will not be read or taken into account in awarding your mark.


For style and referencing, students should refer to the Australian Guide to Legal Citation. See item 3.4 of this course profile for further details.

You must include all of the following on the title page of your Response submitted:

  •    The student’s name and number;
  •    A declaration that the answers are the student’s own work and that he or she has not consulted with any other person (This is very important. Note that the form of this declaration differs from the standard declaration on the BEL Assignment Cover Sheet); and
  •    The word count per response and the aggregate word count for all responses.

The Take Home Assessment will be a mixture of short answer questions, essay questions and/or problem questions based on one or more Stimulus material or reading provided in the Assessment covering the content of Weeks 1 to 12 (inclusive). 

Students will be required to prepare a logical written reasoned response ('Response") to the questions demonstrating knowledge by identifying relevant issues, concisely stating procedure/legal rules/laws engaged ("Law"), applying the Law to the facts, developing arguments or synthesising relevant law/concepts and stating a conclusion/advice/drafting.


Submitting Response

Only one (1) submission of the Response will be accepted. The Response must be submitted using the Response format provided in the Course Blackboard Site in the Assessment Tab. The Response must be submitted in Microsoft Word file format (.docx) file format electronically in Turnitin via the submission folder on the Course Blackboard Site. 

Submission guidelines

Only one (1) submission of the Response will be accepted. The Response must be submitted using the Response format provided in the Course Blackboard Site in the Assessment Tab. The Response must be submitted in Microsoft Word file format (.docx) file format electronically in Turnitin via the submission folder on the Course Blackboard Site. 


Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Grade Cut off Percent Description
1 (Low Fail) 0 - 19

Absence of evidence of achievement of course learning outcomes.

2 (Fail) 20 - 47

Minimal evidence of achievement of course learning outcomes.

3 (Marginal Fail) 48 - 49

Demonstrated evidence of developing achievement of course learning outcomes

4 (Pass) 50 - 64

Demonstrated evidence of functional achievement of course learning outcomes.

5 (Credit) 65 - 74

Demonstrated evidence of proficient achievement of course learning outcomes.

6 (Distinction) 75 - 84

Demonstrated evidence of advanced achievement of course learning outcomes.

7 (High Distinction) 85 - 100

Demonstrated evidence of exceptional achievement of course learning outcomes.

Additional course grading information

Only compliant Responses (including format, length and method of submission) to Assessments will be graded. Compliant Responses will be gradedᅠusing the Course Gradingᅠand theᅠRubric made available in the Course Blackboard site Assessment Tab. The Rubric used to award grades will be available to students in the Assessment Tab of the Course Blackboard site when the Assessment piece is released.


As required byᅠPPL Assessment Proceduresᅠ- section 7 Appendix Section 3.6.5.ᅠThe Course Coordinator may develop criteria and standards for specific assessment tasks aligned with the numeric descriptors specified in Appendix 7.1. The Rubricsᅠwill be providedᅠin the Assessment Tabᅠof the Course Blackboard site and provide theᅠmethod of weighting for each piece of assessment. EachᅠAssessment piece will be marked out of 100 and then scaled/alignedᅠto the value thatᅠthe relevant Assessment piece (i.e., Mid Semester 40% or End of Semester 60%) representsᅠin the overall Course Assessment.ᅠ Each Assessment pieceᅠonce marked will be sentᅠto Grade Centre showing the scaled/adjustedᅠmark for the relevant Assessment pieceᅠand aggregated results will be available at the end of Semester after the final Exam. This is theᅠmethodᅠ(including any cut-offs)ᅠused to determine a final grade.

Supplementary assessment

Supplementary assessment is available for this course.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Find the required and recommended resources for this course on the UQ Library website.

Additional learning resources information

Other required LearningᅠResources will be referred to in the Lecture slides and Seminars. A Case "Reading List" will be provided in the Course Blackboard Site.ᅠᅠ

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

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Learning period Activity type Topic
Not Timetabled

Orientation Week| Pre-course Activity| NO LECTURE

Please read Chapters 1 and 4 of the Capper treatise (Introduction and ADR in International Arbitration), and become broadly familiar with the documents and information available in the Required Reading list and at https://acica.org.au/ (website for Australian Centre for International Commercial Arbitration)

Learning outcomes: L01, L02, L03, L04, L05, L06

Week 1
Lecture

Week 1

Introduction & Forms of Dispute Resolution Used in International Commerce & Trade. Arbitration, Mediation, Expert Determinations. Advantages and Disadvantages.

Week 2
Lecture

Week 2

International Commercial Dispute Resolution Processes
Arbitration, Mediation, Expert Determinations. Key legal concepts. Differentiating use of litigation and National Laws - Private International Law rules and their Harmonisation of laws; review Model Clauses.

Week 3
Lecture

Week 3

International Commercial Dispute Resolution Processes
Key legal concepts. Differentiating issues and use of litigation, National Laws - Private International Law rules and their Harmonisation of laws in International Commerce and Trade; review Model Clauses

Week 4
Lecture

Week 4

Arbitration Process and Procedure
Generic Procedure ICC Rules; Recognition and Enforcement of Awards; Introduction to International Arbitration Regulatory Framework:
1958 New York Convention
1966 Washington Convention

Week 5
Lecture

Week 5

Arbitration ヨ Commencement, Response/Answer, Expedited Procedure

Model Request for Arbitration: ICC Rules ヨ Sample

Model Answer to Request for Arbitration: ICC Rules ヨ Sample

Case Study: CUSMA Ch 14 NAFTA Ch 11 - Multilateral Investment Treaties

Week 6
Lecture

Week 6

Arbitration Specifics ヨ Emergency Arbitrator and Interim Measures

Case Study: ICC Award

Case Study: ICSID Arbitration Rules ヨ Interim Measures

Multiple weeks

From Week 7 To Week 8

Not Timetabled

MID SEMSETER ASSESSMENT

RELEASED 10/04/2025 at 2:00pm AEST

SUBMISSION DUE 16/04/2025 before 2:00pm AEST

Learning outcomes: L01, L02, L03, L05

Week 7
Lecture

Week 7

Arbitration Specifics ヨ Establishment of Tribunal, Independence and Impartiality

Case Study:
Bilateral Investment Treaty; UNCITRAL Rules; Challenge to Arbitrator

Week 8
Lecture

Week 8

Case Study:
ICC AWARD On Merits

Case Study:
UNCITRAL AWARD on Merits

Mid-sem break
No student involvement (Breaks, information)

MID SEMESTER BREAK HOLIDAY

Week 9
Lecture

Week 9

Direct Private Foreign Investment ヨ Contract/Investment Arbitration Considerations with State Owned Entities

Sovereign Immunity; Absolute or Restrictive Theory; Security over assets; Enforcement of arbitration awards and Court Judgments.

Case Study.
Recognition and enforcement of Foreign Arbitral Awards - Current issues - Australian National Laws.

Week 10
Lecture

Week 10

International Commercial Arbitration ヨ Investor & Investor Disputes.

New York Convention 1958 (Recognition & Enforcement of Awards).

Case Study. Petition to Recognise & Enforce Award

Week 11
Lecture

Week 11 - Part 1

International Commercial Arbitration ヨ Investor & State Disputes

Free Trade Agreements; Bi-Lateral/ Plurilateral Investment Treaties; Washington Convention 1966 (2006).

Case Study.
Energy Charter Treaty; Washington Convention ; Recognition and Enforcement of Awards; Effect of National Laws Implementing Treaty Obligations as Contracting State into National Laws. Significance of Contracting State reservations.

Lecture

Week 11 - Part 2

International Commercial Arbitration ヨ Investor & State Disputes
Free Trade Agreements; Bi-Lateral/ Plurilateral Investment Treaties; Washington Convention 1966 (2006);

Case Study.
Energy Charter Treaty; Recognition and Enforcement of Awards; Effect of National Laws Implementing State Treaty Obligations.

Week 12
Not Timetabled

Week 12

EOS written response to be prepared and submitted | No Lecture.

Week 13
Not Timetabled

Week 13 EOS attend oral assessment based on written response

Students will need to attend the St Lucia Campus at the nominated time and date at the venue specified in the email when they booked their session in week 11.

External students will need to attend their oral assessment at the time when they booked their session in week 11 using the link provided either in zoom or teams.

The oral assessment is an integral part of the EOS, if it is not completed you have not completed the assessment.

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course: