Course Title: Arbitration

Part A: Course Overview

Course Title: Arbitration

Credit Points: 12.00


Course Code

Campus

Career

School

Learning Mode

Teaching Period(s)


Course Coordinator: Dr Rajesh Sharma

Course Coordinator Phone: +61 3 9925 2855

Course Coordinator Email: rajesh.sharma@rmit.edu.au

Course Coordinator Location: 37.4.16

Course Coordinator Availability: by appointment


Pre-requisite Courses and Assumed Knowledge and Capabilities

N/A


Course Description

Efficient dispute settlement can often be better achieved through arbitration, (domestic and international) regimes rather than through traditional domestic law based judicial proceedings. As international trade and commerce is growing, the use of international arbitration is growing too. At the domestic level also businesses are using arbitration as a means to settle their dispute.  In this course, you will learn about the institutional and substantive side of domestic and international commercial arbitration, how arbitration (domestic and international) is conducted, relevant procedural framework (jurisdiction, composition tribunal, hearing), determination of the applicable substantive law, and enforcement of arbitration awards domestically and across the border. You will also learn the effect of local culture and policy on arbitration. This course will encourage you to critically reflect and evaluate the current trends in arbitration from the perspective of its initial underpinning philosophy as an alternative method of resolving disputes.


Objectives/Learning Outcomes/Capability Development

N/A


Upon successful completion of this course you will be able to:

 

CLO1: Demonstrate the principles  and procedures of arbitration in the resolution of commercial disputes;

CLO 2: Research, critique and apply  principles and procedures of arbitration to fact based scenarios

CLO 3: Assess and use appropriate recourse against arbitral awards;

CLO 4: Appraise the impact of local culture and policy on arbitration; and

CLO 5: Critically evaluate potential issues which may affect the integrity of arbitration as an alternative dispute resolution.  

 

This course contributes to the following program learning outcomes:

  • Use strategic, critical, creative, and analytical thinking to develop creative solutions to a range of dynamic problems associated with crime management and the justice system 
  • Critically analyse, synthesise and reflect on complex theories, principles, philosophies and recent developments in the justice sector, both locally and globally, to extend and challenge knowledge and practice
  • Employ a wide range of research tools, methods and approaches to produce new knowledge of justice issues and guide policy development and inform decision making
  • Synthesise, rationalise, and communicate new scholarship and research to diverse professional and non-professional audiences 
  • Use a range of communication, conflict management, and leadership skills to work productively with a diverse range of people in justice environments, as well as within teams
  • Use appropriate ethical ideas and reflective practice skills in addressing situations and problems in justice settings demonstrating cultural, social and environmental sensitivity.


Overview of Learning Activities

Learning activities will include interactive workshop activities focusing on group-based discussion and problem solving tasks. Course learning materials will be made available in a range of formats, which may include lectures, guest speakers and online media. In workshops you will also develop academic skills including analytical reading and academic writing. 

In order to develop your knowledge and skills, you will be expected to participate in interactive discussions and activities and to critically engage with the weekly reading materials. The workshops offer a supportive learning environment where you will have the opportunity to share your knowledge and experiences, and to learn from the knowledge and experience your peers. This peer-based learning may take place through small-group discussions, collaborative work on activities and assessments and/or peer reviewing of research, written work and/or oral presentations.


Overview of Learning Resources

You will be given access to a wide range of resources through a Course Reader or core textbook and also will be able to access to a wide range of online learning tools and content for your course from the student portal, myRMIT, and RMIT Library resources. These resources will include book chapters, journal articles, media articles, lecture notes, bibliographies for supplementary reading, video, and links to external websites.


Overview of Assessment

Assessment will include:

 

Assessment

Assessment Type

Word limit or equivalent

Assessment one

Practical demonstration

Assesses CLOs 1,2,3

50%

Assessment two

Reflection on practice

Assesses CLOs 4,5

50%

 

You will be assessed on how well you meet the course’s learning outcomes and on your development against the program learning outcomes.

 

Feedback will be given on all assessment tasks.

 

If you have a long term medical condition and/or disability it may be possible to negotiate to vary aspects of the learning or assessment methods. You can contact the program coordinator or the Disability Liaison Unit if you would like to find out more.

A student charter http://www.rmit.edu.au/about/studentcharter summarises your responsibilities as an RMIT student as well as those of your teachers.

Your course assessment conforms to RMIT assessment principles, regulations, policies, procedures and instructions which are available for review online: http://www1.rmit.edu.au/browse;ID=c15i3ciaq8ca