Dr Benjamin Hayward
|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 has presented his research internationally, as well as presenting on international arbitration topics within Australia.
- 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
Monash Alumni and Friends
Invited presenter for a student workshop on international commercial arbitration (recourse against an award for the unsuccessful party) at the Queensland University of Technology (Brisbane, Australia, 12 October 2015)
Invited presenter for a student lecture on international commercial arbitration (the arbitration agreement) at the University of Canberra (Canberra, Australia, 16 September 2015)
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)
International commercial law
The doctrine of precedent
Subjects and units currently teaching
MLL336 International Commercial Law (Trimester 3, 2015)
MLL355 International Litigation and Dispute Settlement (the Vis Moot) (Trimester 1, 2016)
MLL217 Misleading Conduct and Economic Torts (Trimester 2, 2016)
Tweeting on private international law @LawGuyPI here.
Blogging on private international law at Deakin Speaking here.
My research is available on Deakin Research Online here.
My research is also available on SSRN here.
International commercial arbitration
The international sale of goods
Private international law
REFEREED JOURNAL ARTICLES
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
BOOK CHAPTERS (FORTHCOMING 2015 - 2016)
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
SELECTED OTHER PUBLICATIONS
Benjamin Hayward, Submission to the Treasury, Consultation on the GST Treatment of Cross-Border Transactions, 2015.
Benjamin Hayward, Submission to the Singapore International Arbitration Centre, SIAC Arbitration Rules 2016 Revisions Consultation, 2015.