Program Content
The Professional Certificate in Arbitration will provide you with knowledge and a practical understanding of domestic commercial arbitration as an Alternative Dispute Resolution (ADR) process, and its role within the Australian legal system.
The course is designed for completion in one year. It is run 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 theory and practice of domestic commercial arbitration together with the legislative framework. Advanced Arbitration builds upon the theory and practice explored in Introduction to Arbitration and deals with advanced issues regarding theory and practice 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 as an online self-paced course with short intensive virtual workshops. All materials and tutorial work for the program is accessible via the University's learning management system, MyUni.
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Course profiles
The following topics are covered in the Introduction to Arbitration course:
- The Commercial Arbitration Legislation
- An Introduction to the Law of Evidence
- Establishing the basis for ADR and Arbitration
- The Procedural Conference
- Pre-hearing Processes for Formal Hearings
- Jurisdiction and Arbitrability
- Formal Arbitration Hearings
- Introduction to Arbitral Awards
- Mediation and other forms of ADR Processes
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Powers of the Courts
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
- Formal Arbitration Hearings
- Completing the Hearing
- Award Writing
- Costs
- Powers of the Court
- Recognition and Enforcement of Awards
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An Introduction to International Commercial Arbitration (time permitting)
The program focuses on Australian commercial arbitration and may not be suitable for those interested in non-commercial arbitration such as Family Law Arbitration, nor for those seeking to undertake international commercial arbitration.
The Professional Certificate in Arbitration includes sections on mediation and other ADR processes - but only regarding how they pertain to the Arbitration process.
If you are interested in doing courses in mediation, contact the Resolution Institute Chapter in your State or territory.
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Assessment
The assessment for the program is based on four components in each course.
LAW 7155 Introduction to Arbitration Course
- Completing tutorial exercises and participating in online tutorials and discussion board activities – this requires discussion of relevant scenarios and focuses on the operation of relevant legislation.
- Compulsory mid-semester workshop participation – this workshop includes role play participation in a Procedural Conference for all students and preparation for formal hearings held in groups, and a moot arbitration facilitated by Resolution Institute tutors who are highly skilled and qualified arbitration practitioners with diverse backgrounds in law and other professions.
- Written Assignment – this assignment focuses on application of relevant legal principles and the operation of relevant legislation in specific case scenarios. Students will be assessed on their quality and clarity of analysis and reasoning.
- Open Book Exam submitted online.
LAW 7156 Advanced Arbitration Course
- Completing tutorial exercises and participating in online tutorials and discussion board activities – this requires discussion of relevant scenarios and focus on the operation of relevant legislation.
- Compulsory mid-semester workshop participation – this workshop includes role play participation in an arbitration hearing, managing the hearing drafting 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 submitted online.
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Learning resources
Materials for the Professional Certificate in Arbitration will be available online via MyUni.
The required text for the program is Doug Jones, Commercial Arbitration Australia (LawBook 3rd Edition).
Students should allocate between 9 - 11 hours per week to study (includes reading and answering tutorial questions, participating in online tutorials and contributing to discussion boards).
If you are undertaking LAW 7177 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.
MyUni will be used to post announcements, including assignment tasks.
MyUni 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.
Students are expected to check MyUni regularly to keep up to date with materials and any additional learning resources throughout the course.
The materials for each week’s topic are set out in a modular format in MyUni. An interactive online tutorial will be conducted on a fortnightly basis on Wednesdays from 6.00pm (ACST) using Zoom. Tutorials will not be recorded.
Students will need to complete and submit answers to tutorial questions on a weekly basis – a week before the topic is due for discussion at the online tutorial. After a student has individually submitted their response online to the tutorial questions, they will be able to gain general feedback by reading a 'model answer' in order to assess their own learning and understanding of issues. The tutorial questions and answers will be discussed at the online tutorial.
Students will also contribute to discussion boards on MyUni. The discussion boards will provide additional flexibility to enable students to demonstrate their participation and learning in this course. The discussion boards also provide a venue for students to engage with one another in the learning process.
MyUni will also contain PowerPoint presentations from the workshops, posted at or after the workshops.
Students will be sent an introduction booklet that includes:
- Course Schedule and Tutorial Questions
- Introduction to MyUni instruction guide
- Course Profile