The course will review the law and practice of international commercial arbitration as one of the key approaches to international alternative dispute resolution. The readings will be selected recommended essays.
The essays and discussions will cover a brief history of international commercial arbitration, the appointment and role of the party-appointed arbitrator and the chairman, jurisdictional issues, the role of national court systems, the organization of an international arbitration, provisional relief and interim measures of protection, discovery and production of evidence, the conduct of hearings, the tribunal's deliberations and award, annulment and enforcement of awards, and the responsibilities of international arbitral institutions.
There will also be a lecture on arbitration of international investment disputes, including arbitration of cases at the Iran-U.S. Claims Tribunal, and of ICSID (International Center for the Settlement of Investment Disputes) and NAFTA cases.
The basic documents to be examined, including their application, are the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the United Nations Commission on International Trade Law ("UNCITRAL") Arbitration Rules, the UNCITRAL Model Law, the International Arbitration Rules of the International Centre for Dispute Resolution ("ICDR") of the American Arbitration Association, and the International Bar Association ("IBA") Rules on Taking Evidence in International Commercial Arbitrations.
When is this course offered? Fall and Spring semesters
Is this course open to LL.M. students? Yes
Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes