LAW 7156 - Advanced Arbitration

North Terrace Campus - Semester 2 - 2016

This course builds on Introduction to Arbitration (LAW 7155) and deals with advanced issues in commercial arbitration and dispute determination, including but not limited to, Advanced issues under the Commercial Arbitration Act and allied legislation; Waiver and Estoppel; Advanced Law of Evidence including expert evidence and conclaves; Formal Hearings; Completion of hearings and Awards; Alternatives to hearings; An introduction to International Commercial Arbitration; Expert Determination; Costs and Remedies; Dispute Resolution Boards, and Court References The Course is offered on line, with structured on line tutorials and discussion board exercises each week, in addition to two face to face workshops , one at the beginning (half day) and one in the course of the semester (day and a half). The second workshop (on a Friday and Saturday) includes extensive role play and arbitration exercises and attendance and participation is a compulsory part of the course.

  • General Course Information
    Course Details
    Course Code LAW 7156
    Course Advanced Arbitration
    Coordinating Unit Professional and Continuing Education
    Term Semester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites Law 7155
    Course Description This course builds on Introduction to Arbitration (LAW 7155) and deals with advanced issues in commercial arbitration and dispute determination, including but not limited to, Advanced issues under the Commercial Arbitration Act and allied legislation; Waiver and Estoppel; Advanced Law of Evidence including expert evidence and conclaves; Formal Hearings; Completion of hearings and Awards; Alternatives to hearings; An introduction to International Commercial Arbitration; Expert Determination; Costs and Remedies; Dispute Resolution Boards, and Court References
    The Course is offered on line, with structured on line tutorials and discussion board exercises each week, in addition to two face to face workshops , one at the beginning (half day) and one in the course of the semester (day and a half). The second workshop (on a Friday and Saturday) includes extensive role play and arbitration exercises and attendance and participation is a compulsory part of the course.
    Course Staff

    Course Coordinator: Ms Kathleen McEvoy

    Academic Course Co-ordinator:
    Kathleen McEvoy
    Email: kathleen.mcevoy@adelaide.edu.au 

    Administrative Co-ordinator:
    Ms Nadia Tarasenko, Program Manager
    Professional and Continuing Education
    The University of Adelaide
    Level 9, 115 Grenfell Street
    Telephone: +61 8 8313 4777
    Email: nadia.tarasenko@adelaide.edu.au   

    Program Administrator:
    Ms Katie Lightowler
    Professional and Continuing Education
    The University of Adelaide
    Level 9, 115 Grenfell Street
    Telephone: +61 8 8313 7502
    Email: katie.lightowler@adelaide.edu.au 
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes

     Knowledge and Understanding
    Arbitration and settlement of commercial disputes by private but regulated arbitral processes, outside the public court system, is increasingly critical in the commercial world. A “Model Law” was developed by the United Nations Commission in International Trade Law (UNCITRAL) in the 1980s to address arbitration of commercial disputes where there is an international element. National laws, through Commonwealth legislation and uniform State legislation, has also regulated commercial arbitration in Australia for some decades, and has since 2010 reflected and essentially incorporated the UNCITRAL Model Law. This legislation is designed to facilitate the fair and final arbitration of commercial disputes by arbitration without unnecessary delay or expense.
    The purpose of this course is to assist students to obtain a deep as well as practical understanding of the principles of commercial arbitration as they operate in Australian law, and it builds on the foundational knowledge obtained through the course Introduction to Arbitration.
    The course aims to enable students:
    a) to appreciate and understand the historical context in which the legal regulation of commercial arbitration in Australia has developed and operates;
    b) to identify and apply the fundamental principles of the regulation of commercial arbitration in Australia;
    c) to analyse and apply relevant case law applicable to commercial arbitration;
    d) to identify, interpret and apply the relevant legislation in relation to commercial arbitration in Australia;
    e) to demonstrate and understanding of and an ability to apply the principles and law relevant to the arbitration of commercial disputes through participation in online tutorials and discussion boards and in workshops, and to access and research relevant legal principles on the internet;
    f) to present argument, both orally and in writing, in relation to the arbitration of commercial disputes;
    g) to demonstrate these skills through role-play in hypothetical arbitration processes.
     
    Communication Skills
    High level interpersonal communication skills are important for all graduates, and is central to the application of the skills to be developed in this course. The course specifically seeks to develop students’ skills:
    a) to listen and respond to the contributions of other students in relation to dispute resolution and commercial arbitration;
    b) to develop and present convincing and comprehensive arguments, both orally and in writing, in relation to dispute resolution generally and particular examples of commercial arbitration, and in particular with reference to the rules of evidence and incorporating the legal principles relevant to commercial arbitration;
    c) to demonstrate effective communication skills through participation in role plays.
     
    Attitudes and values
    The course aims
    a) to engender in students a commitment to the principles of the rule of law;
    b) to be aware of the ethical principles which are essential to the successful management of dispute resolution through commercial arbitration;
    c) to be aware of and understand social and cultural diversity which may be relevant to the selection and operation of appropriate dispute resolution processes.

    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    1
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    3
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    1
  • Learning Resources
    Required Resources
    Students will be provided with access to the following required resources:

    Legislation:
    Commercial Arbitration Act 2010 (NSW)
    Commercial Arbitration Act 2011 (SA)
    Commercial Arbitration Act 2011 (Tas)
    Commercial Arbitration Act 2011 (Vic)(or the equivalent legislation from their jurisdiction)
    International Commercial Arbitration Act 1974 (Cth)

    Textbook
    Students must obtain or have access to the following text:
    Doug Jones, Commercial Arbitration in Australia, Thomson Reuters (Professional) Australia Limited, Sydney, second Edition, 2013
    Recommended Resources
    Internet Resources:
    The website of the Institute of Arbitrators and Mediators Australia (IAMA) is www.iama.org.au
    This site provides access to information concerning IAMA membership and events, as well as a wide range of information concerning arbitration more generally, and relevant websites.
    Australian Legal Information Institute (Austlii) site - http://www.austlii.edu.au/
    This website provides free access to a wide range of Australian legal resources, including legislation and course decisions.
    Other websites containing recommended material will be referred to and available throughout the course and will be linked on the course MyUni site..
    Online Learning

     MyUni will be used to post announcements and assignment and other learning tasks. It will also contain electronic copies of the Course Profile, and the various tutorial exercises and discussion board questions, as well as any course materials additional to the textbook, and copies of the relevant legislation. It will also contain any PowerPoint slides used in the workshops. Students will participate in online tutorial exercises which are on MyUni. After a student has submitted their response online to tutorial exercises, they will be able to access general feedback by reading a “model answer” to that exercise question in order to assess their own learning and understanding of the issues.

    Students will also contribute to discussion boards which will also be available on MyUni. The discussion boards provide addition learning flexibility to enable students to demonstrate their participation and learning in the course, and also provide an online venue for students to engage in discussion with each other as part of the learning process.

    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.

  • Learning & Teaching Activities
    Learning & Teaching Modes

    Introductory Workshop
    There will be a half day introductory workshop at the beginning of the course. The workshop will be offered in Adelaide on Friday 22 July 2016, and in Sydney on Saturday 23 July 2016. This workshop is not compulsory, but students are strongly encouraged to attend. Further information regarding the workshop venue will be provided to students directly prior to course commencement.

    This workshop will provide a quick revision and contextualisation of the material covered in the Introduction to Arbitration course as well as an introduction to the material in this course. In particular it will address the relationships between the State and Territory uniform commercial arbitration legislation, and the Commonwealth legislation.

    The workshop will also revise the use of MyUni and provide students with an opportunity to meet fellow students and the academic director of the course.


    Online tutorials
    Online tutorials located through MyUni provide the primary learning activities for this course. The tutorials provides specific guide to reading the information contained in the textbook, and the problems provide an opportunity for students to test their understanding of that material through a series of questions and short problems which are answered online. Once the questions have been addressed, students can access general online feedback in the form of a “model answer” to each question, enabling students to assess their own understanding of the material.

    To participate effectively in online learning, it is anticipated that students will spend about 7 hours per week in the reading and preparation of the material, as well as up to 2 hours per week online addressing the online exercises.

    While students can access the materials in the tutorials at any time, the material builds on the previous week’s work. Students are strongly advised to work consistently through the semester in order to provide themselves with the best learning opportunities.

    Discussion Boards
    There are Discussion Board topics for each week of the course, other than for the Workshop.
    The Discussion Boards provide opportunities for students to address with other students specific issues on substantive aspects of the topic identified on the Board. Students are expected to contribute to each discussion board at least once, but may make whatever additional contributions they choose. The Discussion Boards take the place of broader discussion that might occur face to face at tutorials or in more informal discussion between students, and enable valuable developments in understanding the issues in the course. The purpose of the boards is to provide an opportunity for students to learn from one another and to share their learning, and to provide a flexible forum for participation and to demonstrate their understanding.

    It is expected that students will spend an hour a week reading and contributing to the discussion board for the week’s topic.

    Discussion Board questions will be posted on weekly basis. Students should access the discussion board on weekly basis in order to provide themselves with the best learning. The discussion board will be monitored by the academic staff on a weekly basis, and general group feedback will be provided each week.


    Workshop #2
    Day 1 – compulsory
    Day 2 – compulsory
    The second Workshop (Workshop #2) will be conducted over 2 days in Adelaide on Friday 9 September 2016 and Saturday 10 September 2016; and in Sydney on Friday 16 September 2016 and Saturday 17 September 2016.

    Attendance at and participation in Workshop #2 is a compulsory part of the course. Workshop assessment is based on the Saturday workshop.

    On Day 1 (Friday) there will be an opportunity to revise some of the material directly relevant to the arbitration exercises to be undertaken on the Saturday, and in particular to look at issues addressing the definition of the dispute for arbitration and an analysis of the hearing. On Day 2, Workshop #2 takes the form of an Arbitration Practicum, with role play and Arbitration exercises. The workshop on the Saturday will be conducted by experienced practitioner arbitrators provided by the Resolution Institute. Students will have an opportunity to put their knowledge into practice with the assistance and support of professional guidance. The Saturday workshop will address the application of legal principle to the resolution of the dispute, and the development of the award and award writing.

    In order to successfully complete the workshop and its assessment students will have to have completed all online tutorials and discussion boards covering the topics prior to the workshop.

    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Workshops

    There are two workshops:
    • A half day introductory workshop at the beginning of the course. This is NOT compulsory but attendance is encouraged. This is a 4 hour workshop (Adelaide on Friday 22 July 2016; Sydney on Saturday 23 July 2016).
    • A 2 day workshop in in Adelaide on Friday 9 September 2016 and Saturday 10 September 2016; and in Sydney on Friday 16 September 2016 and Saturday 17 September 2016.
    Workshop #2. THIS WORKSHOP IS COMPULSORY. This workshop is 6.5 hours on the Friday, and 7.5 hours on the Saturday. There will be preparatory work required for this workshop. The time commitment for this workshop and preparation will be 12 (attendance) + 3 (preparation) hours.

    Online Contact time
    Students are expected to participate in the online tutorials and it is expected this will take about 2 hours per topic (approximately 20-22 hours), and online discussion boards per topic each for one hour (approximately 10-11 hours). This amounts to 30-33 online hours across the semester.

    Preparation time
    In addition to attending the workshops and participating in the online learning activities, students are expected to undertake independent reading and research in order to complete the learning tasks and to complete the course assessments. It is expected that reading and preparatory work will take up approximately 8 hours per week over each of the 12 weeks of the course.

    Learning Activities Summary

    Week

    Dates

    Topic

    Workshop

    Online Tutorial

    Discussion Board

    1

    Friday 22 July Adelaide
    12.30-4pm

    OR

    Saturday 23 July Sydney 9am - 12.30pm

    #1 No specific tutorial topics for this week.

    There will be an introduction and overview of the course including assessment arrangements, a discussion of the Exam in the Introduction course & general revision of some aspects of the introduction course.

    Introductory workshop


    Topic # 1

     

    There are no discussion board questions for this week/topic. However, any questions you would like discussed at the Introductory Workshop can be posted on the Discussion Board for this week.

    2

    Week commencing

    1 August

     

    #2 Advanced Issues under the Commercial Arbitration Act and Allied Legislation

     

    Topic # 2

     

     

    Advanced Issues under the Commercial Arbitration Act and Allied Legislation

    3

    Week commencing

    8 August

     

    #3 Waiver and Estoppel

     

    Topic # 3

     

    Waiver and Estoppel

    4

    Week commencing

    15 August

     

     

    #4 Advanced Law of Evidence (Part 1)

     

    Topic # 4

     

    Advanced Law of Evidence (Part 1)

    5

    Week commencing

    22 August

     

    #5 Advanced Law of Evidence (Part 2): Expert Evidence and Expert Conclaves

     

    Topic # 5

     

    Advanced Law of Evidence (Part 2): Expert Evidence and Expert Conclaves

    6

    Week commencing

    29 August

     

    #6 Formal Arbitration Hearings

     

     

    Topic # 6

     

    Formal Arbitration Hearings

    7

    Week commencing

    5 September

    Due: Monday 5 September

    #7Completing the Hearing – The Award

    Each student is required to post a question to be considered for discussion during the first day of the workshop.

     

    Topic # 7

     

    Completing the Hearing – The Award

    Appeals and referrals back to Arbitrator

     

    ADELAIDE
    Friday 9 September
    10am-4.30pm

    and

    Saturday 10 September 9am-4.30pm

    WORKSHOP #2
    • Revision of Materials
    • Problems and Issues discussion
    • Preparation for workshop




    • Defining the Dispute and conducting the hearing
    • Arbitration Practicum
    Role Play and
    • Arbitration Exercises

    Workshop #2

    Day 1





    Workshop #2

    Day 2

     Topic 8

     

    8

     

    Sydney
    Friday 16 September
    10am-4.30pm

    and 

    Saturday 17 September
    9am - 4.30pm

     

    WORKSHOP #2
    • Revision of Materials
    • Problems and Issues discussion
    • Preparation for workshop



    • Defining the Dispute and conducting the hearing
    • Arbitration Practicum
    Role Play and
    • Arbitration Exercises

    Workshop #2 Day 1


    Workshop #2 Day 2

    Topic # 8

     

     

    9

    Week commencing

    19 September

     

    #9 Available Alternatives to Formal Hearings & Section 27D Conferences

     

     

    Topic # 9

     

     

    Available Alternatives to Formal Hearings & Section 27D Conferences

     

    10

    Week commencing

    26 September

    #10 Costs and Remedies

     

    Topic #10

     

    Costs and Remedies

     

     

    11

    Week commencing

    3 October

     

     

    #11Court References and Powers of Courts

     

     

     

    Topic #11

    Court References and Powers of Courts

     

    ASSIGNMENT DUE MONDAY 13 OCTOBER

    12

    Week commencing

    10 October




    Assignment Due: Monday 17 October 5pm

     

     

    #12 Introduction to International Commercial Arbitration







    ASSIGNMENT DUE




     

    Topic #12









    Introduction to International Commercial Arbitration





    Submit via My Uni by 5.00pm






     

    Saturday 19 November 

     EXAMINATION

     

     

    Must attend exam location or apply for individual invigilated exam



    Specific Course Requirements
    Students should note that attendance at and participation in the second workshop (Workshop #2) is compulsory, and students must pass this component in order to pass the course. 
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    The University’s policy on Assessment for Coursework Programs is based on the following five principles:
    1) Assessment must encourage and reinforce learning;
    2) Assessment must measure achievement of the stated learning objectives;
    3) Assessment must enable robust and fair judgements about student performance;
    4) Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned; and
    5) Assessment must maintain academic standards (see: http://www.adelaide.edu.au/policies/700/ )
     

    Assessment Item % of final mark Due date Learning objectives
    Participation in and completion of online tutorials and discussion boards 20% Throughout semester on weekly basis
    Individual feedback provided for tutorial questions for topics 2-4. Group feedback and/or model answers provided throughout semester.
    2.1.1 (a) – (f), 2.1.2 (a) and (b), 2.1.3 (a) – (c)
    Attendance and participation required in Workshop #2. Satisfactory/ Unsatisfactory grade. A satisfactory grade is required to pass the course overall. 9/10 September 2016, OR 16/17 September 2016 2.1.1 (a) – (f), 2.1.2 (b), 2.1.3 (b)
    Written Assignment 30% 17 October 2016 2.1.1 (a) – (f), 2.1.2 (b), 2.1.3 (b)
    Examination 50% 19 November 2016 2.1.1 (a) – (f), 2.1.2 (b), 2.1.3 (b)


    Supplementary Assessment

    Supplementary Examination
    Where a student fails the course but qualifies academically for replacement assessment by achieving a final overall mark of at least 45% and including a Pass in Workshop #2 component of the course assessment, they may sit the supplementary (replacement) examination. The supplementary examination takes the same form as the primary examination.
    In cases where the supplementary examination is granted on academic grounds a maximum mark of 50% for the course can be obtained.

    Supplementary #2 Workshop
    If a student has attended and participated in Workshop #2 but does not achieve a satisfactory (pass) grade, they must satisfactorily complete replacement practical work demonstrating that they fulfil the knowledge and skills required to pass this assessment task. The form of the supplementary practical assessment will be determined in individual cases in consultation with the student and the IAMA workshop representative.

    Assessment Related Requirements

     Students should note that attendance at and participation in the second workshop (Workshop #2) is compulsory, and students must pass this component in order to pass the course. In addition, in order to pass the course overall, students must complete all the other assessment exercises in this course.

    Assessment Detail

    Participation in Online Tutorials and Discussion Boards, and participation in the compulsory workshops: 20%

    Online Tutorials
    Students are expected to complete all online tutorials available through MyUni.

    Having answered a question, students can then access online general feedback in the form of a ‘model answer’ which will enable the student to check their understanding.

    Individual feedback will be provided to students for topics 2-4. Students will be provided with an overall grade for their participation in the online tutorials and discussion boards at the end of the course. General feedback will also be provided via the discussion boards.

    Students will be assessed on the quality of the responses they post in each of these tutorials.

    The learning objectives tested by this component of the assessment scheme are set out above, namely, 2.1.1 (a) – (f), 2.1.2 (a) and (b), 2.1.3 (a) – (c). Participation in the tutorials will also enable students to demonstrate their capacity to fulfil the learning objectives in 2.1.2 (a) and (b).

    AND

    Contributions to Discussion Boards (included in the 20% for participation)
    Students will also be assessed on the quality of their contribution to each of the discussion boards for each topic. Each student should make at least one contribution to each discussion board.

    Each student is required to post a question to be considered for discussion during the first day of the workshop. DUE 5 SEPTEMBER 2016

    The learning objectives tested in this component of the assessment scheme are set out above at 2.1.1 (a) – (f), 2.1.2 (a) and (b), 2.1.3 (a) – (c).

    The grade descriptors for the discussion Boards component are the same as set out below in relation to the Online Tutorials.

    Grade Descriptors for tutorial participation are as follows:
    High Distinction 85 – 100
    Participation in all online tutorials, demonstrating an outstanding level of quality in responses and a very strong understanding of concepts, high level of analysis and strong capacity to identify substantive issues, and a clear understanding of those issues.

    Distinction 75 – 84
    Participation in all online tutorials, demonstrating a very high level of quality in responses and a very sound understanding of concepts, a strong level of analysis and strong capacity to identify substantive issues, and a very good understanding of those issues.

    Credit 65 – 74
    Participation in all online tutorials, demonstrating a thoughtful approach to the material and a good understanding of concepts, clear analysis and a good capacity to identify substantive issues and a clear understanding of issues.

    Pass 50 – 64
    Participation in most online tutorials, demonstrating an adequate level of quality in responses and a basic understanding of concepts, an adequate level of analysis and capacity to identify substantive issues, and an adequate understanding of those issues.

    Fail 0 - 49
    Failure to participate in the majority of online tutorials, limited contributions and lack of responsiveness to questions, inability to demonstrate understanding of concepts or capacity to analyse material and identify issues, limited or poor evidence of reading or preparation.

    AND

    Written assignment – 30%

    Each student must submit a written assignment addressing the question(s) which will be posted on MyUni. The assignment must be submitted electronically in Adelaide by 5.00pm on Monday 17 October 2016.

    The written assignment is to be a maximum of 2500 words. Footnotes and bibliography are not to be included in the word count. Footnotes should be limited to references only and not contain substantive material.

    In citing material in footnotes the referencing system used in the Australian Guide to Legal Citation (3rd edition, 2012) should be used. This can be accessed at <<http://mulr.law.unimelb.edu.au/go/aglc>>

    In assessing the quality of the written assignment, the quality of insight and demonstrated understanding of the concepts will be of key importance. In general the following factors will be taken into account:

    Preparation: evidence of prior reading and understanding of the relevant materials, the ability to identify relevant issues and prepare arguments in relation to them;

    Quality of discussion: including evidence of a deep understanding of the conceptual issues and the ability to analyse and apply legal materials and concepts.

    The following learning objectives are tested by this component of the assessment scheme: 2.1.1 (a) – (f), 2.1.2 (b), 2.1.3 (b).



    Grade Descriptors for written assessment

    High Distinction 85 – 100
    Outstanding level of quality work demonstrating a strong understanding of concepts, a high level of analysis and a strong capacity to identify issues, clear understanding of relevant legislation, cases and materials, and evidence of thorough and wide ranging reading. Outstanding level of quality of language, spelling and grammar, and accuracy in correct forms of legal citation.

    Distinction 75 - 84
    Work of a highly developed nature demonstrating clear understanding of concepts, a high level of analysis and a strong capacity to identify issues, sound understanding of relevant legislation, cases and materials, and evidence of thorough and sound reading of set reading. Very high level of quality of language, spelling and grammar, and accuracy in correct forms of legal citation.

    Credit 65 – 74
    Work demonstrating a thoughtful approach to materials and clear understanding of concepts, capacity to analyse relevant legislation, cases and material and identify issues, and evidence of sound reading of set reading. High level of quality of language, spelling and grammar, and accuracy in correct forms of legal citation.

    Pass 50 – 64
    Work that is limited but adequate to demonstrate understanding of concepts, and capacity to analyse relevant legislation, cases and material and identify issues, and evidence of basic reading of set reading. Competent level of quality of language, spelling and grammar, and basic accuracy in correct forms of legal citation.

    Fail 0 – 49
    Poor quality work which does not demonstrate an ability to demonstrate understanding of concepts or capacity to analyse relevant legislation, cases and material and identify issues, and poor or limited evidence of basic reading of set reading. Poor quality of language, spelling and grammar, and incorrect use of the correct forms of legal citation.

    AND

    Workshop #2 Satisfactory/Unsatisfactory

    Full details concerning the Workshop #2 provided to students after the commencement of the Course.

    Students will receive a Satisfactory or Unsatisfactory Grade based on their participation in the Saturday workshop and their demonstrated understanding of Arbitration, its processes and the role of the Arbitrator.

    Students must receive Satisfactory Grade in the Workshop in order to pass the Course.

    The following learning objectives are tested by this component of the assessment scheme: 2.1.1 (a) – (f), 2.1.2 (b), 2.1.3 (b)

    AND

    Final examination 50%

    The final examination will test knowledge and understanding of all the topics covered in this course.

    The examination will consist of a number of questions, all of which will be compulsory. There will be no choice. The examination paper will indicate the marks to be assigned to each question.
    The exam will be for a period of three (3) hours and ten (10) minutes, and students will use the 10 minutes to read and plan their answers.

    The exam will be open book – students may bring all their notes, materials, legislation and texts to the exam and may have access to them during the exam.

    The exam will be held on Saturday 19 November 2016.

    Any other information or instructions concerning the exam will be posted on MyUni.

    The following learning objectives are tested by this component of the assessment scheme: 2.1.1 (a) – (f), 2.1.2 (b), 2.1.3 (b).


    Grade Descriptors for the final examination:

    High Distinction 85 – 100
    Demonstrates an outstanding of the substantive content of the content of the course in addressing the questions asked; very strong knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topics; clear evidence of a strong ability to construct a coherent and logical argument based on the evidence; strong evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; very highly developed skills in expression, spelling, grammar and presentation.

    Distinction 75 – 84
    Demonstrates a very high level of understanding of the substantive content of the content of the course in addressing the questions asked; sound knowledge of principles and concepts and evidence of an awareness and understanding of deeper and more subtle aspects of the topics; clear evidence of a very good ability to construct a coherent and logical argument based on the evidence; clear evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; highly developed skills in expression, spelling, grammar and presentation.

    Credit 65 – 74
    Demonstrates a high level of understanding of the substantive content of the content of the course in addressing the questions asked; sound knowledge of principles and concepts; clear evidence of a good ability to construct a coherent and logical argument based on the evidence; clear evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; good skills in expression, spelling, grammar and presentation.

    Pass 50 – 64
    Satisfies the minimum level of knowledge and understanding of the substantive content of the content of the course in addressing the questions asked; knowledge of principles and concepts adequate to communicate accurately on the topic; evidence of a basic ability to construct a coherent argument based on the evidence; some evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; adequate skills in expression, spelling, grammar and presentation.

    Fail 0 – 49
    Fails to satisfy the minimum level of knowledge and understanding of the substantive content of the content of the course and failure to address the questions asked; very little demonstrated knowledge of principles and concepts in the course; very little evidence of ability to construct a coherent argument based on the evidence; very little evidence of analytical and evaluative skills and an ability to apply fundamental concepts to facts; inadequate skills in expression, spelling, grammar and presentation.

    Submission
    Students must retain a copy of all assignments submitted in this course.

    The written assignment should be double spaced with margins wide enough for handwritten comments and feedback from the examiners.

    The written assignment is to be submitted electronically. Students must ensure their name and student ID number appear on all written assignments.

    By submitting their assignment electronically the student is agreeing to the following:

    I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Plagiarism Policy.

    Details for electronic submission will be provided with the assignment instructions.

    Extensions
    Requests for extensions must be made via email to the course administrator, Ms Joanna Carrick (see details above). Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances. Any application for extension should include details of the student’s ground for the extension and evidence supporting it, and the period of the extension sought. The course administrator will email the student with the decision concerning the request as soon as possible.

    Penalties

    Late Submission
    Where an assignment is submitted after the due date, and without an extension, 5% of the total mark possible will be deducted for every day or part therefore that it is late, including each day on the weekend.

    Word Length
    5% of the total mark possible for a written assignment will be deducted for 10% by which it exceeds a stimulated word limit. Words are calculated including headings within the text but excluding cover page information and footnotes (which are required to be for reference purposes, not substance). Quotations are included in the word count.

    Turnaround time
    The written assignment for this course will be returned to students within 3 weeks of the submission date. Group feedback (in the form of a general “Model answer”, together with written, individual feedback, will be provided, from which students can learn from in the final assignment.

    Assignments will be returned to students electronically.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.