International Commercial Arbitration

This course will be taught in person but this section will allow students entirely remote participation via Zoom.  If students require in-person or hybrid participation, they must register for the 27710 section of this course, which is identical but in-person.

International arbitration specialists experienced in international disputes worldwide provide students with the legal knowledge and practical skills necessary to navigate all aspects of international commercial arbitrations, including forum selection, analysis of arbitration laws and provisions, arbitrator selection and challenges, enforcement of arbitration awards, and more.

International commercial transactions almost invariably require international arbitration of disputes; so the transnational lawyer should know this area of practice.International arbitration represents one area where states have delegated a judicial function to private individuals. Those arbitrators enjoy wide discretion, act as judge and jury and render globally portable awards that suffer minimal state oversight. Understanding the terms of that delegation, which differ from country to country, will allow students to appreciate what can, and should, be left to private ordering of disputes. The course will address the major topics in international arbitration: its contractual nature; the “who (court or arbitrator) decides” question; choice of law; arbitrator selection; the role of international treaties; and review and enforcement of arbitration agreements and awards. Student performance is evaluated on a final exam, with a substantial portion of the grade dependent on class participation.

Class Details

Additional Information

Course Type

• Upperclass-only elective

Grading Method

Pass/Fail Allowed

Will not use floating mean GPA

Textbooks

• Reisman, Craig, Park and Paulsson's International Commercial Arbitration, Cases, Materials, and Notes on the Resolution of International Business Disputes, 2nd - W. Michael Reisman, W. Laurence Craig, William W. Park, Jan Paulsson
    Foundation Press , edition: 2nd
    ISBN: 9781628100594   (required)
• Reisman, Craig, Park and Paulsson's Documentary Supplement to International Commercial Arbitration, Cases, Materials, and Notes on the Resolution of International Business Disputes, 2nd - W. Michael Reisman, W. Laurence Craig, William W. Park, Jan Paulsson
    Foundation Press , edition: 2nd
    ISBN: 9781634597425   (required)

Faculty

Deutsch, Richard D

Loftis, James Lloyd

Tyler, Timothy J