International Commercial Arbitration
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 and there will be DVDs in class showing a mock international arbitration by leading experts.
The essays, DVDs and discussion 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.