International Arbitration

This is a core course in law and practice of international arbitration as an alternative to litigation, private method of international dispute resolution.  We will cover in depth the international arbitration process from the arbitration agreement to arbitral proceeding and arbitral award, as well as post-award moves by the parties, such as requests to the courts for setting aside or recognition and enforcement of arbitral awards.  In doing so, we will analyze court decisions and arbitral awards and study the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), domestic arbitration laws (the Federal Arbitration Act and laws following the UNCITRAL Model Law on International Commercial Arbitration), the rules of leading arbitral institutions (such as the ICC, AAA/ICDR, and LCIA), the UNCITRAL Arbitration Rules, and the IBA rules and guidelines in international arbitration.  We will conclude the course with the overview of investment arbitration, where the focus will be made on investor-state arbitrations conducted under the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the Washington Convention).  We will largely rely on the casebook supplemented by occasional law review articles and more recent cases.  There will be several group practice exercises.  The course will be graded based on a 24-hour take-home final examination (60% of the final grade) and class participation, including attendance (40%).
Credits: 2