LAWS3011 (v.1) Alternative Dispute Resolution
Area: | Curtin Law School |
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Credits: | 25.0 |
Contact Hours: | 4.0 |
TUITION PATTERNS: | The tuition pattern provides details of the types of classes and their duration. This is to be used as a guide only. Precise information is included in the unit outline. |
Lecture: | 1 x 2 Hours Weekly |
Tutorial: | 1 x 2 Hours Weekly |
Prerequisite(s): |
LAWS1001 (v.1)
Advanced Contract Law
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UNIT REFERENCES, TEXTS, OUTCOMES AND ASSESSMENT DETAILS: | The most up-to-date information about unit references, texts and outcomes, will be provided in the unit outline. |
Syllabus: | This unit considers the range of alternative dispute resolution mechanisms including negotiation, mediation, arbitration and adjudication, particularly as they are used to resolve commercial disputes. The unit deals initially with negotiation practice, especially the identification of positions, interests and issues. It then focuses on the mediation of commercial disputes (including private and court-annexed mediation), followed by the resolution of construction and payments disputes by adjudication. Finally, domestic and international commercial arbitration law and practice will be studied. The unit will involve a detailed discussion of statutory dispute resolution in Australia, including the Construction Contracts Act 2004 (WA), the Commercial Arbitration Act 2012 (WA), the International Arbitration Act 2010 (Cth) and the UNCITRAL Model Law on International Commercial Arbitration (2006 Revision), the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), and the various institutional arbitration rules. Throughout the unit, there will be an emphasis on the legal, practical and managerial aspects of alternative dispute resolution. |
Field of Education: | 090900 Law (Narrow Grouping) |
Result Type: | Grade/Mark |
Availability
Year | Location | Period | Internal | Partially Online Internal | Area External | Central External | Fully Online |
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2015 | Bentley Campus | Trimester 1B | Y |
Area External refers to external course/units run by the School or Department or offered by research.
Central External refers to external and online course/units run through the Curtin Bentley-based Distance Education Area
Partially Online Internal refers to some (a portion of) learning provided by interacting with or downloading pre-packaged material from the Internet but with regular and ongoing participation with a face-to-face component retained. Excludes partially online internal course/units run through the Curtin Bentley-based Distance Education Area which remain Central External
Fully Online refers to the main (larger portion of) mode of learning provided via Internet interaction (including the downloading of pre-packaged material on the Internet). Excludes online course/units run through the Curtin Bentley-based Distance Education Area which remain Central External
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