Advisory Board and Staff   Professional Development Facilities       Courses   Useful Links     Australian Immigration Law       Notarial Practice     Postgraduate Courses     Graduate Diploma in Commercial Arbitration Courses     Mental Health First Aid     Plain English     Cert IV in Training & Assessment     Bail Justice

Graduate Diploma in Commercial Arbitration

The Graduate Diploma in Commercial Arbitration offered by the Sir Zelman Cowen Centre, Law School, Victoria University, is the first and only post-graduate university qualification available in Australia specifically designed for Commercial Arbitrators and Mediators.

The Cowen Centre in association with the Australian Institute for Commercial Arbitration Inc has developed the programme. The course of studies leading to the conferral of a Graduate Diploma has been approved by the Australian Institute for Commercial Arbitration Inc as satisfying its requirements for membership and accreditation. Enrolled students are eligible for membership as an Associate of the Institute (AAICA) and graduates are eligible for membership as a Fellow (Certified Arbitrator) of the Institute (FAICA). Graduates may also be eligible for membership of other arbitration bodies.

Aims and Objectives

The aim of the Graduate Diploma programme is to provide a first class quality post-graduate, professional qualification in commercial arbitration for practising commercial arbitrators and mediators in Australia.

The objectives of the course are to provide students with:

• comprehensive overview of the practices, procedures and law affecting the operation of commercial arbitration and mediation; and
• an in depth theoretical and practical knowledge of the work of a commercial arbitrator and mediator in Australia.

The exciting new course provides specialised professional education for practitioners working in commercial arbitration wishing to enhance their skills and knowledge or practitioners that wish to work in this area of practice. There has been no systematic education for those engaged in this increasingly important activity. This course brings together a range of knowledge and skills that are needed by such professionals. It draws on expertise, available both across the University and externally, to provide them with the knowledge of contemporary arbitration practice and challenges, the skills and strategies to meet them, and an understanding of the global/local contexts in which they must operate.

Course Structure

Legal Practitioners are required to under take either 4 core coursework subjects or 2 core coursework subjects and a research project to complete the qualification. The course may be undertaken over two semesters on a full time basis or a part-time equivalent. The dissertation offers candidates the opportunity to research an area of particular interest or practice.

Non lawyers are required to undertake either 6 core and 2 elective coursework subjects or 6 core coursework subjects and a research project to complete the qualification. The course may be undertaken over two semesters on a full time basis or a part-time equivalent.

The program is delivered using a combination of weekend intensives, evening seminars and self paced study at the Sir Zelman Cowen Centre located at the School of Law at our Queen Street campus. The assessment options are flexible to both accommodate employment demands of students and their professional and career interests. The class size is limited to 20 students to ensure a quality learning environment and the opportunity for supported practical training. In 2010, the following CORE units are scheduled. Details of elective units may be obtained from the course coordinator. Descriptions of each of the core units of study are detailed below.

Semester 1 Commercial Arbitration Law Advanced Alternative Dispute Resolution

Semester 2 Commercial Arbitration Practice and Procedure Judgment, Decision and Award Writing Dissertation (15,000 words)

Course Fees

Fees are charged at the standard university postgraduate fee. In 2010 students will be charged at $2306.50 per unit of study.

Fees include Subject Guides, tutorial support and course papers. Students are responsible for the cost of textbooks specified in the Subject Guides.

Application Procedure

To apply for the Graduate Diploma course –you must firstly download and complete the 2010 Higher Education Direct Admission/Supplementary Information Form.

• 200 word statement
• IELTS paperwork (for PR)
• Certified copies of your transcripts/academic history
• Overseas qualification – you must provide the Australian Equivalence of your qualification
  (http://www.immi.gov.au/asri/os-qual-units.htm)

Please do NOT submit your application via the ONLINE tool.

The Cowen Centre will notify you via email of the outcome of your application once the selection committee has reviewed your application.

You must hold an Australian Bachelors degree or equivalent. Alternatively, applicants who can demonstrate the capacity to study successfully at a postgraduate level will be admitted to the program. Such admissions will be at the discretion of the Selection officer at the Victoria University School of Law. Students must also meet Victoria University's admission application requirements.

2010 Admissions

For information on the university's 2010 intake, refer to the Admissions Advice for 2010 Intake (52 KB) form.

Here is a link to the 2010 Higher Education Direct Admission/Supplementary Information Form

Enrolment Procedure

All students must comply with the enrolment procedures of Victoria University to ensure the award of the Graduate Diploma on successful completion of the programme.

CPD and MCLE

The Graduate Diploma programme in Commercial Arbitration is a course which fulfils the criteria for which CPD credits may be claimed by practitioners holding Victorian practising certificates. MCLE credits may be claimed by practitioners holding NSW practising certificates. Students may claim CPD or MCLE credits in accordance with their respective State rules.

2010 Units of Study Commercial Arbitration Practice and Procedure

This subject provides specialised professional education for those working in commercial arbitration. It brings together a range of knowledge and practical skills that are needed by arbitrators in the running of the arbitral process. These skills include the conduct of preliminary and directions hearings; the conduct of the hearing proper including rulings, awards and costs.

Commercial Arbitration Law

This subject will cover the law relating to domestic arbitration in a comprehensive compass. It will enable students to gain knowledge of the law applicable to the initiation and conduct of an arbitration as a form of alternative dispute resolution and the obtaining and enforcement of an arbitral award. Specific topics covered will be matters preliminary to arbitration; disputes that may be referred to arbitration; the arbitration agreement; enforcing the duty to arbitrate; appointment of the arbitrator(s); challenges to the appointment of arbitrators; the Commercial Arbitration Act 1984 and its operation in relation to domestic arbitration; the role of arbitral institutions; what is domestic arbitration as opposed to an international arbitration; the role of the court in respect of arbitration; rules applicable to the conduct of arbitrations; procedural powers of arbitrators; confidentiality of proceedings; the arbitral award; making the award; challenges to the award; enforcement of the award; appeals from arbitrators.

Advanced Alternative Dispute Resolution

This subject provides an introduction to processes, other than litigation and arbitration, for resolving disputes. It focuses on negotiation and mediation in the context of current issues producing commercial disputes. Topics include: the theory underlying negotiation and mediation and the contexts in which they are used rather than litigation or arbitration; the causes of commercial conflicts, the roles and objectives of alternative dispute resolution (ADR) processes; the choice between facilitative, advisory and determinative processes; the skills, settings and processes required for finding agreement including identifying and reframing issues; identifying problems in designing and using effective ADR systems; and, future trends in ADR.

Judgment, Decision and Award Writing

To provide the essential aspects of judgment decision and award writing for the assistance of professionals who will write such documentation as part of the arbitral process, as well as the advocates who appear therein who will shape there submissions accordingly.