This course offers an introduction to the law and practice of international arbitration, the leading mechanism for resolving cross-border commercial disputes. Globalization has meant that individuals, corporations, and governments are increasingly parties to international transactions. Each year, thousands of disputes arising from these transactions are submitted to arbitration, rather than to traditional domestic courts. Arbitration's promise of neutral, enforceable, and efficient dispute resolution has allowed it to flourish, despite criticisms of high cost, systemic bias, and lack of transparency. The course will equip students with the theoretical foundations and key practical skills for engaging in the practice of international commercial arbitration. Core areas of study will include the drafting of arbitration agreements; the appointment of arbitrators; the conduct of arbitral proceedings; and the enforcement of arbitral awards. Attention will be given to instances where common law and civil law traditions intersect, particularly in the use and production of evidence. Role-playing exercises and video clips from arbitration proceedings will bring concrete examples to the classroom. Elements used in grading: Attendance, class participation, written assignments, final exam.
2 units · Law Honors/Pass/Restrd Cr/Fail
This course offers an introduction to the law and practice of international arbitration, the leading mechanism for resolving cross-border commercial disputes. Globalization has meant that individuals, corporations, and governments are increasingly parties to international transactions. Each year, thousands of disputes arising from these transactions are submitted to arbitration, rather than to traditional domestic courts. Arbitration's promise of neutral, enforceable, and efficient dispute resolution has allowed it to flourish, despite criticisms of high cost, systemic bias, and lack of transparency. The course will equip students with the theoretical foundations and key practical skills for engaging in the practice of international commercial arbitration. Core areas of study will include the drafting of arbitration agreements; the appointment of arbitrators; the conduct of arbitral proceedings; and the enforcement of arbitral awards. Attention will be given to instances where common law and civil law traditions intersect, particularly in the use and production of evidence. Role-playing exercises and video clips from arbitration proceedings will bring concrete examples to the classroom. Elements used in grading: Attendance, class participation, written assignments, final exam.