International Commercial Arbitration
- Semester: Fall 2021
- Course ID: 381V
- Credit Hours: 3
- Grading Method: Pass/Fail Allowed (JD only)
- Will not use floating mean GPA
- Upperclass-only elective
|MON||3:45 - 6:55 pm||TNH 3.125|
|Final||December 8, 2021|
Same as LAW 335J, International Commercial Arbitration.
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.
Textbooks ( * denotes required )