International Commercial Arbitration
This course is designed to provide students with an introduction to the theory and practice of international commercial arbitration, the preferred method of dispute resolution in international trade and commerce. It will familiarize students with the framework of international treaties and federal and state laws that undergird the international arbitral system and explore U.S. jurisprudence on the respective roles of courts and arbitral tribunals in resolving disputes subject to international arbitration. In addition the course will analyze alternatives in drafting international arbitration clauses, including the applicable arbitration rules, the significance of the agreed-upon place of arbitration, the number of arbitrators, and the method of their selection. The course will also impart a practical, in-depth understanding of each of the principal stages of arbitration, including the enforcement of the arbitration agreement; initiation of the arbitral proceedings; the availability of provisional remedies; the conduct of the arbitration from the pleading stage through discovery and briefing to the hearing; the arbitral tribunal's preparation of the award; and the judicial enforcement proceedings that conclude the process. Although the course will focus on the practice of international arbitration from the U.S. perspective, it will also introduce students to perspectives from other leading civil and common law jurisdictions. Elements used in grading: Class Attendance, Class Participation, Final Exam.