The Professional Certificate in Arbitration will provide you with knowledge and a practical understanding of arbitration and Alternative Dispute Resolution (ADR), and their role within the Australian legal system.
The course is designed for completion in one year; over two university semesters.
LAW 7155 - Introduction to Arbitration runs in semester 1 from March to June.
Law 7156 - Advanced Arbitration runs in semester 2 from July to November.
Introduction to Arbitration introduces the concepts, frameworks and practice of dispute resolution, while Advanced Arbitration provides a greater depth of the understanding, knowledge and skills needed to determine arbitration outcomes.
On successful completion of the Introductory Course, students are eligible for entry to the Advanced Course. Those successfully passing the Advanced Course receive a Professional Certificate in Arbitration, awarded by the University of Adelaide. The most benefit and best understanding of the subject matter is gained by students who complete within one year.
The Professional Certificate in Arbitration is delivered online and through short intensive face to face workshops. All materials and tutorial work for the program is made available via the University's learning management system, MyUni.
The following topics are covered in the Introduction to Arbitration course:
- Commercial Arbitration Legislation
- Evidence (An Introduction)
- Establishing the basis for Arbitration and other forms of Alternative Dispute Resolution
- Opening Processes for Formal Arbitration
- Pre-hearing Processes for Formal Arbitration Hearings
- Arbitrability, Jurisdiction and Misconduct
- Formal Arbitration Hearings
- Completing Formal Arbitration Hearings
- Mediation and other ADR Processes
- Powers of the Courts
- Legal Problem Solving
The following topics are covered in the Advanced Arbitration course:
- Advanced Issues under the Commercial Arbitration Act and Allied Legislation
- Waiver and Estoppel
- Advanced Law of Evidence – including Expert Evidence and Expert Conclaves
- Formal Arbitration Hearings
- Completing the Hearing – The Award
- Available Alternatives to Formal Hearings and Section 27 Conferences
- Introduction to International Commercial Arbitration
- Expert Determination
- Costs and Remedies
- Dispute Resolution Boards
- Court References
The program focuses on commercial arbitration and may not be suitable for those interested in non-commercial arbitration.
The Professional Certificate in Arbitration includes sections on mediation - but only how it pertains to the Arbitration process.
If you are interested in doing courses in mediation, contact the Resolution Institute Chapter in your state.
The assessment for the program is based on four components in each course.
- Participation in tutorial exercises, discussion threads and other online activities – this requires discussion of relevant cases and scenarios and focuses on the operation of relevant legislation
- Compulsory mid-semester workshop participation – this workshop includes role play participation in a preliminary conference for all students and preparation for hearing sessions held in groups, and a moot arbitration conducted by tutors as a joint session.
- Written Assignment – this assignment focuses on application of relevant legal principles and the operation of relevant legislation in a specific case scenario. Students will be assessed on their quality and clarity of analysis and reasoning.
- Open Book Exam.
- Participation in tutorial exercises, discussion threads and other online activities – this requires discussion of relevant cases and scenarios and focus on the operation of relevant legislation
- Compulsory mid-semester workshop participation – this workshop includes role play participation in the hearing of claimant and respondent cases, managing an arbitration, drafting of an award or interim award, hearing of costs and the delivery of the final award.
- Written Assignment – this assignment involves the writing of a complete arbitral award, expressing a sufficient statement of facts, findings and reasons to demonstrate an understanding of the desirable form and content of an award.
- Open Book Exam held at a specified exam centre in each state.
The majority of materials for the Professional Certificate will be available online via MyUni.
The required text for the program is to be advised.
Students should allocate between 9 - 11 hours per week to study (includes reading and answering tutorials and contributing to discussion boards).
If you are undertaking Introduction to Australian Law at the same time as starting the Professional Certificate you should anticipate up to 15-20 hours per week during the cross-over study period.
All course materials will be made available via MyUni. The material is self-paced but you need to keep up with the Discussion Board material on a weekly basis.
Students will be sent an introduction booklet that includes:
- Course Schedule and Tutorial Questions
- Introduction to MyUni instruction guide
- Course Profile