Discussion - 2 hours. This course will provide students with an introduction to the theory and practice of international arbitration--the preferred method of dispute-resolution in international business. We will start by developing a sound working knowledge of the principal international treaties and national laws that undergird the international arbitral system and will analyze the elements of an international arbitration clause, including the relevance of the stipulated arbitration rules, the significance of the agreed-upon place of arbitration, and contractual options concerning number of arbitrators and the method of their selection. As the term advances, students will gain a practical, in-depth understanding of each of the principal stages of the international arbitral process, including: enforcement of the arbitration agreement; initiation of arbitral proceedings; pursuit of provisional remedies; and conduct of the arbitration itself – from the pleading stage, through the exchange of written submissions, to the handling of the merits hearing. Having learned the fundamentals of the international arbitral process, we will spend several sessions exploring how that process typically plays out in the context of investor-state arbitration, where public international law provides the substantive rules of decision in claims between private parties and sovereign states. We will conclude by examining procedures for enforcing and challenging arbitral awards and will evaluate certain contemporary critiques of the international arbitral system.
Law 202 Contracts is recommended.
Final Assessment: Exam
Grading Mode: Letter Grading