Professional Training in Arbitration Law and Practice
27 November - 4 December 2009
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Download the programme schedule and registration form here .
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INTRODUCTION
Commercial arbitration is one of the growth areas of legal practice and possibly the most widely used dispute resolution method in domestic and international business. Participants in this training program will study the law and practice relating to domestic and international commercial arbitration as well as commonly applied arbitration rules.
This program offers lawyers, business people and professionals an opportunity to study domestic and international arbitration law under the guidance of some of the world’s leading arbitration scholars and practitioners. The program will provide excellent opportunities to form valuable contacts in the ever-shrinking global environment.
This program is accredited by the Chartered Institute of Arbitrators, London.
Domestic Arbitration Law and Practice (Doug Jones)
This introductory course focuses mainly on Australian arbitration law and practice. In particular, it involves an examination of the Commercial Arbitration Act (State Acts), and the International Arbitration Act (Cth). This course examines the nature of arbitration, the arbitration agreement, limits on arbitrability, institutional and ad-hoc arbitration, applicable law and rules, appointment of arbitrators, awards and the arbitration process.
International Commercial Law and Practice (Gabriël Moens and Doug Jones)
This course will consider the relevant international documents, including the UNCITRAL Model Law on International Commercial Arbitration and various international arbitration rules. These rules include the UNCITRAL Arbitration rules, the rules of the International Chamber of Commerce, and the rules of the London Court of Arbitrators. There will be an emphasis on the practical aspects of international arbitration. The course will also deal with the Arbitration Act 1996 (UK). In addition, various international mechanisms to resolve investment disputes will be discussed, and issues relating to confidentiality in international commercial arbitration will also be reviewed.
The Enforcement of Foreign Arbitral Awards (Gabriël Moens)
This course deals with the different types of awards, the form of arbitration awards, public policy issues, the concept of exequatur and a detailed study of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958).
Construction and Building Arbitration (Phil Evans)
This course deals with the relevant rules used in construction and building arbitration cases. Students will be taken through a typical construction and building arbitration using a case study based on an actual arbitration. Students will also be introduced to the legal and non-legal issues relevant to the conduct of an arbitration under the Commercial Arbitration Act.
Phil Evans is a Professor of Law at the University of Notre Dame Australia, and Barrister and Solicitor of the Supreme Court of Western Australia. He is a member of the Institute of Arbitrators and Mediators Australia (IAMA). He has conducted numerous construction and building arbitrations. Professor Evans is a graded arbitrator and accredited mediator. He is also a Fellow of both the Institution of Engineers Australia and the Australian Institute of Building.
Doug Jones AM is an international infrastructure and dispute resolution lawyer and a partner in the national law firm, Clayton Utz. Doug is also an Adjunct Professor at Murdoch University School of Law and Professorial Fellow at Melbourne University. He is a Foundation Fellow and graded arbitrator of the Institute of Arbitrators and Mediators Australia (IAMA), a Fellow (FCIArb) and elected member of the board of trustees of the Chartered Institute of Arbitrators, London, a Vice President of the Asia/Pacific Council of the London Court of International Arbitration, Senior Vice President of the Australian Centre for International Commercial Arbitration (ACICA) and a member of a number of International Arbitral panels. Doug is Editorial Advisory Board member of International Construction Law Review and Editorial Board member of the International Trade and Business Law Review.
Gabriël Moens is Dean and Professor of Law at Murdoch University. Prior to this, he served as Head of the Graduate School of Law at the University of Notre Dame Australia, and Garrick Professor of Law and Director of the Institute of Foreign and Comparative Law at the University of Queensland. He is the editor of International Trade and Business Law Review and other scholarly journals. In 2003 the Prime Minister of Australia awarded him the Centenary Medal for services to education. Professor Moens is a Membre Titulaire of the International Academy of Comparative Law, Paris. He is an experienced international commercial arbitrator. He has twice coached the T.C. Beirne School of Law team to win the prestigious Willem C. Vis International Commercial Arbitration Moot in Vienna. Professor Moens is also a Fellow (FCIArb) of the Chartered Institute of Arbitrators, London.
Associate Membership of the Chartered Institute of Arbitrators, London
Participants who successfully complete this program are eligible to apply for Associate Membership (ACIArb) of the Chartered Institute of Arbitrators, London, and the Australian Branch of the Institute. The Chartered Institute of Arbitrators promotes and facilitates the settlement of disputes by arbitration and alternative means of dispute resolution.
Please note that additional requirements apply for membership of the Chartered Institute: participants in the program are encouraged to consult the Institute via www.arbitrators.org or www.arbitrators.org.au (Australian Branch) for further information regarding Associate Membership.
Participation Certificate
All participants who successfully complete this program will be awarded a Certificate of Participation. (This certificate is not an official award or testamur of Murdoch University).
Continuing Professional Development Points
Practicing lawyers who successfully complete this course will be eligible to claim 7 CPD points - 4 in the area of Legal Knowledge, and 3 in the area of Legal Skills and Practice.
Networking Opportunities
The Chartered Institute of Arbitrators Reception will serve as a pleasant interlude before the commencement of teaching sessions, and will provide participants with an opportunity to meet arbitration practitioners and to network.
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| Standard Earlybird* |
$3300 |
| Standard |
$3850 |
| Murdoch Student Earlybird* |
$2200 |
| Murdoch Student |
$2750 |
*An earlybird discount rate is applicable for all enrolments received and paid in full before Friday, August 29.
| PROGRAMME SCHEDULE AND REGISTRATION |
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Download the programme schedule and registration form here:
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For further information on the programme, please contact m.everall@murdoch.edu.au
