Topics covered in this course generally include:

• Private International Law: Basic Concepts
• Jurisdiction over disputes, people, property
• Choice and conflict of laws
• Substantive Cross-Border Legal Matters
• UNIDROIT Principles of International Commercial Contracting
• Comparative law topics (the specific subject will be determined by the factual problem and may cover constitutional law, administrative law, environmental law, torts etc)
• Arbitration
• Introduction to arbitration
• UNCITRAL Rules of Commercial Arbitration
• Advocacy and Cross-Cultural Communication
• Effective oral advocacy in arbitration
• Effective written advocacy for arbitration and for negotiation
• Effective Japanese language and cross-cultural communication in a legal context
• Negotiation
• Basic principles and strategies of negotiation, including MESO (Multiple Equivalent Simultaneous Offers)
• Culture-based negotiation

Please note that admission into this course is via an application process. Applications open in May of every year with interviews scheduled for early June. Please see https://www.teamaustralia-inc.net/applications for more infromation

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Outline, summarise and synthesise a coherent and advanced knowledge of the underlying principles and significant norms of the international commercial law covered in the course;
2. Select and apply a range of communication skills and apply critical thinking in order to moot as if an advocate at an international commercial arbitration, demonstrating adaptability in practice and competition moots by taking a range of positions within the advocacy team and on either side of the legal dispute;
3. Select and apply a range of communication skills and creative thinking in order to negotiate as a member of a team undertaking a commercial negotiation, demonstrating adaptability in practice and competition negotiations by taking a range of positions within the negotiation team and on either side of the legal dispute;
4. Outline, summarise and synthesise a clear and coherent exposition of knowledge and ideas to a moot competition judge;
5. Analyse, consolidate and synthesise knowledge to identify and provide solutions to complex problems, demonstrating intellectual independence;
6. Independently define, plan and conduct legal research on international commercial law in order to produce written memoranda for the international arbitration moot competition.
7. Recognise the importance of reflective practice and implement the reflective process to analyse the student's own learning experience.

Required Resources

UNIDROIT Principles of International Commercial Contracting

UNCITRAL Rules of Commercial Arbitration

Fisher, Ury & Patton (2012) (3rd) Getting to Yes: Negotiating an Agreement without Giving In, Cornerstone.

Staff Feedback

Students will be given feedback in the following forms in this course:

• Written comments
• Verbal comments
• Feedback to the whole class, to groups, to individuals, and in focus groups

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Week beginning 26 July Orientation and Scheduling Introduction to the Tokyo Intercollegiate Negotiation Competition (INC) Team building and planning activities
2	Week beginning 2 August - 27 September Skills Enrichment Seminars Supervised negotiation practices Weekly schedule Online Team building and planning activities Including interaction with Team Australia mentors	Reflective essay due 8 November 2021
3	Week beginning 4 October - 1 November Competition Problem analysis Supervised negotiation and arbitration practices Memoranda drafting Weekly schedule Online / in person as appropriate Including interaction with Team Australia mentors	Memoranda (2500 words) due week beginning 25 October Response memoranda (2500 words max) due week beginning 1 November. Written negotiation plan (2500 words max) due 1 November 2021.
4	Competition : Tokyo 6-7 November (online) Tokyo Intercollegiate Negotiation Competition Week beginning 1 November Submission of final memorandum Supervised negotiation and arbitration practices Including interaction with Team Australia mentors	Oral submissions: each student performs: Day 1(Arbitration) approx 45 minutes of advocacy + Day 2 (Negotiation) approx 45 mins of negotiation.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Active Class and Team Participation	10 %	*	12/11/2021	1,2,3
Student's contribution to the three written team memoranda ahead of the arbitration and negotiation rounds	40 %	07/11/2021	12/11/2021	4,5,6
Oral Submissions	40 %	07/11/2021	12/11/2021	1,2,3,4,5,6
Reflective essay (1000 words max)	10 %	08/11/2021	02/12/2021	2,3,4

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Assessment Task 1

Active Class and Team Participation

Requires:

1. regular participation in class discussion
2. regular participation in most (more than 75%) scheduled practice sessions
3. responsibility for preparing questions for an external presenter for a skills enrichment class
4. active participation in assigned sub-team and full performance of role within the team

Note that all the Zoom practice sessions are recorded and that team communication is recorded and visible to instructor via Slack

Rubric

Elements/Standard	Below Standard <>	Approaching Standard 50-69%	At Standard 70-84%	Exceeds Standard 85-100%
1	Student is largely silent in class sessions	Student actively asks questions or proposes comments in 50% of the class sessions.	Student actively asks questions or proposes comments in more than 50% of the class sessions.	Student actively asks questions or proposes comments in more than 75% of the class sessions.
2	Student attends less than 75% of scheduled practice sessions without an excused absence.	Student attends 75% scheduled practice sessions and has no unexcused absences.	Student attends 75% or more scheduled practice sessions and has no unexcused absences.	Student attends more than 75% scheduled practice sessions and has no unexcused absences.
3	Student fails to prepare questions for external presenter	Student prepares questions for external presenter	Student prepares questions for external presenter	Student prepares questions for external presenter
4	Student fails to perform assigned role within assigned team, including meeting internal team deadlines for work tasks	Student performa assigned role within assigned team, including meeting internal team deadlines for work tasks	Student performs assigned role within assigned team and assists team members to perform their roles, including meeting internal team deadlines for work tasks	Student performs assigned role within assigned team, takes a leadership role (whether formal or infomal), assists team members to perform their roles, including meeting internal team deadlines for work tasks

Assessment Task 2

Student's contribution to the three written team memoranda ahead of the arbitration and negotiation rounds

Each 3-4 member sub-team team will prepare three written team memoranda between September and November:

• The arbitration round memoranda are submitted to the INC Steering Committee (2500 words maximum)
• The response to counterparties in the final weeks before the Competition (2500 words maximum);
• The written negotiation plan that guides the team's negotiating strategy (2500 words maximum).

Students participating in the Japanese-language sub-team will prepare these documents in Japanese.

Each student is required to:

1. research and draft a short section on the law and practice relating to their assigned part of the competition problem;

2. with their team-members, develop a first draft (5 pages) of the arbitration memorandum

3. with their team members, develop a first and final draft of the response to the opposing team's memorandum

4. take a nominated, assigned role (e.g. final drafter; proof reader; negotiation lead strategic; opposing brief strategies; translator) and prepare material (10 pages or less) relating to that role for the team in a timely way and within the deadlines for the competition.

Rubric

Elements/Standard	Below Standard <>	Approaching Standard 50-69%	At Standard 70-84%	Exceeds Standard 85-100%
1	legal research is inaccurate, fails to use appropriate sources; misunderstands the question and/or is delivered after the internal deadline	legal research is somewhat accurate, uses some appropriate sources; attempts to engage with the question (although there are gaps) and is delivered on time	legal research is accurate, uses appropriate sources; adequately engages with the question and is delivered on time	legal research is accurate, uses appropriate sources; comprehensively answers the question and is delivered on time
2	draft memo is somewhat accurate, uses some appropriate sources; makes an argument but there are significant gaps, does not consider counterarguments, has problems in its layout and is not delivered on time	draft memo is largely accurate, uses appropriate sources; makes an argument (although there are gaps), needs work on the lay out but is delivered on time	draft memo is accurate, uses appropriate sources; sets out a reasonable argument, anticipates some counterarguments, is well set out and is delivered on time	draft memo is accurate, uses appropriate sources; comprehensively sets out the argument, anticipates counterarguments, is well set out and is delivered on time
3	draft memo is somewhat accurate, fails to engage effectively with the counterarguments, has problems in its layout and is not delivered on time	draft memo is largely accurate, engages with the counterarguments (although there are gaps), needs work on the lay out but is delivered on time	draft memo is accurate, engages with most of the counterarguments, is well set out and is delivered on time	draft memo is accurate, comprehensively engages with the counterarguments, is well set out and is delivered on time
4	student does the minimum work required, does not engage in any additional research and their written output is not delivered on time	student takes the assigned role, does some researchand delivers a written product on time	student willing takes the assigned role, checks on performance expectations; does the necessary research and delivers a good quality written product on time	student willing takes the assigned role, checks on performance expectations; does the necessary research in detail and delivers a high quality written product on time

Assessment Task 3

Oral Submissions

Oral submissions: each student performs: Day 1(Arbitration) approx 45 minutes of advocacy + Day 2 (Negotiation) approx 45 mins of negotiation.

Each student prepares and delivers an oral submission for *both* the arbitration and negotiation division of the competition.

The oral submission is aligned with the individual student's assigned role within the sub-team for each of the arbitration and negotiation parts of the competition.

The assessment rubric for the oral submissions follows the criteria for assessment of the competition (available on the Wattle site).

All of the oral submissions will be delivered via Zoom during the competition and will be observed and recorded by the instructor and the coaching team.

Assessment Task 4

Reflective essay (1000 words max)

The reflective essay is expected to address and demonstrate the following elements:

1. Describe and analyse the professional skills (oral and written) acquired or improved during the course [20 points]

2. Demonstrate a critical understanding of the course material and how this applied to the competition preparation and practice rounds [20 points]

3. Description of areas of team work and individual performance in which the student self-evaluated as performing well, explain why [20 points]

4. Reflection on areas of team work and individual performance that remain challenging , and any coach or mentor feedback relating to this [20 points]

5. Reflection on the development of their interpersonal skills through the teamwork elements of the course [20 points]

Word limit: 1000 words

Due date: 8 November 2021

Late submissions are not encouraged for this assessment item; the goal of the assessment framework is to have all items completed by the day following the competition . If you do need to request an extension, the rules for that are set out below.

Rubric

Elements/Standard	Below Standard <>	Approaching Standard 50-69%	At Standard 70-84%	Exceeds Standard 85-100%
Elements 1- 5	Student provides an inadequate description of elements 1 to 5 OR does not address all 5 elements.	Student provides an adequate description of elements 1 to 5 with evidence of having read the course materials.	Student provides and adequate description and an analysis of elements 1 to 5 with evidence of having read and understood the course materials at an advanced level .	Student provides an advanced description and analysis of elements 1 to 5 with original insights and evidence of effort to engage with and apply learnings from the course sessions.
Style and language of written assignment	Terminology is incorrect; mistakes in grammar; inadequate length.	Simple explanations; terminology and concepts from the course not used or not used often; problems with accuracy.	Terminology and concepts sometimes not used precisely; language limited in range or accuracy.	Appropriate to the context; correct terminology used and concepts clearly shown. Language quality is high ( both in range and accuracy); grammar, writing style and presentation are of high quality.

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information. In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service — including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy. If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes. Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students