LAW5375 的辨识度在于它不是泛泛讲 dispute resolution,而是直接沿着国际商事仲裁的完整生命周期推进。Monash 官方资料明确写到课程会从 arbitration agreement 讲到 award、court supervision 和 enforcement,同时把 contractual disputes、international investment disputes 与 State parties 的复杂性纳入同一门课;公开 archived handbook 还给出更硬的 assessment 结构:3750 字 research assignment 占 50%,3750 字 take-home examination 或 graded moot simulation 占 50%。
Minimum total expected workload to achieve the learning outcomes for this unit typically comprises of a mixture of scheduled learning activities and independent study applicable to a 6 credit point unit. Learning activities may include a combination of teacher directed learning, peer directed learning, and online engagement.
Apply knowledge and understanding issues in international commercial arbitration, including the advantages and disadvantages of international arbitration compared to other dispute resolution methodologies and different procedural models, with creativity and initiative to new situations in professional practice and/or for further learning;
Investigate, analyse and synthesise complex information and problems, in relation to international commercial arbitration, the emerging challenges thrown up by certain types of commercial disputes, particularly contractual and investment disputes, the latter involving States as parties and which also involve Investment Treaties;
Communicate and collaborate effectively in the class discussion, analysis and evaluation of a range of topics related to the arbitration of international commercial disputes.
Conduct research in international commercial arbitration based on knowledge of appropriate research principles and methods; and
Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international commercial arbitration.
