International Commercial Arbitration

• Semester: Fall 2020
• Course ID: 335J
• Credit Hours: 3
• Unique: 27710
  Online-only Class Unique: 27711

Description

The 27710 section of this course will be taught in person but with the option of occasional remote participation via Zoom. If students require all remote participation, they must register for the 27711 section of this course, which is identical but web-based.

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.