Staff profile - Benjamin Hayward

Staff image

Dr Benjamin Hayward

Position: Lecturer
role description
Faculty or Division: Faculty of Business and Law
Department: Deakin Law School
Campus: Melbourne Burwood Campus
Phone: +61 3 92443712 +61 3 92443712



Dr. Hayward is a Lecturer in the Deakin Law School, and before joining Deakin, worked in private legal practice at a prominent Melbourne law firm in its taxation practice group.  At the Deakin Law School, Dr. Hayward's research work focuses on international commercial law - particularly international commercial arbitration and the international sale of goods - and his teaching activities span a number of commercial law and international commercial law units.

Dr. Hayward completed his PhD studies in 2015, with his thesis titled 'Arbitral Discretion in Resolving Conflicts of Laws - The Case for a Bright-Line Closest Connection Test in International Commercial Arbitration'.  Dr. Hayward's undergraduate studies in Commerce and Law were undertaken at Deakin Law School in Geelong, and Dr. Hayward is proud to continue his long association with Deakin as an academic member of staff.

Dr. Hayward's research has been published in leading Australian and international journals, including in the Federal Law Review, the Journal of International Arbitration, and the Vindobona Journal of International Commercial Law and Arbitration.  Dr. Hayward's research is available to download from Deakin Research Online at, and from SSRN at


  • Bachelor of Commerce, Deakin University, 2007
  • Bachelor of Law(s), Deakin University, 2007
  • Graduate Certificate of Higher Education, Deakin University, 2011
  • Doctor of Philosophy, Monash University, 2015


Asia-Pacific Forum for International Arbitration

ICDR Young & International

Moot Alumni Association

Copyright Agency Limited

Deakin University Alumni Community

Professional activities

Invited speaker at the 6th Annual MAA Peter Schlechtriem CISG Conference - 'Growing the CISG' (Hong Kong SAR, People's Republic of China, 31 March 2014)

Invited speaker at the Workshop on UNCITRAL Texts on E-Commerce and the Sale of Goods - 'Global and Regional Trends, and Perspectives for the Philippines' (Manila, the Philippines, 16 - 17 October 2013)

LinkedIn profile


Teaching Interests

International commercial law

Statutory interpretation

The doctrine of precedent


Subjects and units currently teaching

MLL217 Misleading Conduct and Economic Torts (Trimester 2, 2015)

MLL336 International Commercial Law (Trimester 3, 2015)

MLL355 International Litigation and Dispute Settlement (the Vis Moot) (Trimester 1, 2016)

Related Links

Tweeting on private international law @LawGuyPI here.

Blogging on private international law at Deakin Speaking here.

My research is available on Deakin Research On-Line here.

My research is also available on SSRN here.


Research interests

International commercial arbitration

The international sale of goods

Private international law

Public law




Benjamin Hayward, Kelsey Ippolito, Ozgur Celik, Nicola Morris and Ella Vines, 'Mock Partial Award in Chinese European Arbitration Centre (CEAC) Case No. 20120107 - Mediterraneo Exquisite Supply Co v Equatoriana Clothing Manufacturing Ltd' (2013) 17 Vindobona Journal of International Commercial Law and Arbitration 229

Benjamin Hayward, 'Pro-Arbitration Policy in the Australian Courts - The End of Eisenwerk?' (2013) 41 Federal Law Review 299

Benjamin Hayward, 'Tort, Cinema and Violent Crime - An Australian Perspective' (2013) 38 Alternative Law Journal 255

Benjamin Hayward and William KQ Ho, 'Balancing the Scales: The Standard of Reasons Required in Commercial Arbitration and Litigation in Australia' (2012) 78 Arbitration 314

Benjamin Hayward and Patricia Perlen, 'The CISG in Australia - The Jigsaw Puzzle That Doesn't Quite Fit' (2011) 15 Vindobona Journal of International Commercial Law and Arbitration 119

Benjamin Hayward, 'The CISG in Australia - The Jigsaw Puzzle Missing a Piece' (2010) 14 Vindobona Journal of International Commercial Law and Arbitration 193

Oscar Roos, Benjamin Hayward and John Morss, 'Beyond the Separation of Powers: Judicial Review and the Regulatory Proscription of Terrorist Organisations' (2010) 35 University of Western Australia Law Review 81

Troy Keily and Benjamin Hayward, 'Good News for Japanese Trade' (2010) 84(6) Law Institute Journal 48

Benjamin Hayward, 'Eisenwerk Reconsidered (Twice) - A Case Note on Cargill International SA v Peabody Australia Mining Ltd and Wagners Nouvelle Caledonie SARL v Vale Inco Nouvelle Caledonie SAS' (2010) 15 Deakin Law Review 223

Benjamin Hayward, 'New Dog, Old Tricks: Solving a Conflict of Laws Problem in CISG Arbitrations' (2009) 26 Journal of International Arbitration 405

Oscar Roos and Benjamin Hayward, 'Criminal Priors and the Right to be Elected - The Salutary Tale of Ronald "Bunna" Walsh' (2009) 34 Alternative Law Journal 36


Benjamin Hayward, 'Prospect, Benefits and Dangers of Expansion of the CISG - The Case Study of Prescription' in Ingeborg Schwenzer and Lisa Spagnolo (eds), The 6th Annual MAA Schlechtriem CISG Conference

Benjamin Hayward, ‘Stereotypes and Self-Belief – The Perpetual Student and the “False Finish” Dilemma’ in Christopher McMaster, Caterina Murphy, Inger Mewburn and Ben Whitburn (eds), Postgraduate Study in Australia


Benjamin Hayward, Submission to the Singapore International Arbitration Centre, SIAC Arbitration Rules 2016 Revisions Consultation, 2015.

Benjamin Hayward, 'Book Review - The Complete (But Unofficial) Guide to the Willem C. Vis International Commercial Arbitration Moot - 2nd Edition' (2014) 19 Deakin Law Review 373

Link to publications

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