International Commercial Arbitration
- Semester: Fall 2023
- Course ID: 381V
- Credit Hours: 3
- Grading Method: Pass/Fail Allowed (JD only)
- Will use floating mean GPA if applicable
- Upperclass-only elective
|MON||3:55 - 7:05 pm|
|Final||December 13, 2023|
International arbitration specialist practioners, experienced in international disputes worldwide, provide students with legal knowledge and practical skills to navigate all aspects of international commercial arbitrations. Those include forum selection, analysis of various nations' arbitration laws, planning and drafting, arbitrator selection and challenges, enforcing arbitration awards.
International commercial transactions almost invariably require international arbitration of disputes, so a lawyer who intends to practice across borders should know this area of practice. International arbitration is one area where states have delegated a judicial function to private individuals. Those individuals (arbitrators) enjoy wide discretion, act as judge and jury, and render globally portable awards that national courts reivew (for the most part) deferentially. Understanding that delegation, which can differ from country to country, allows 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, but a substantial portion of the final grade depends on class participation.