INTERNATIONAL COMMMERCIAL DISPUTE RESOLUTION (2) (ILS 216)

Professor F. Peter Phillips

Deals with the theory and practice of international commercial arbitration and mediation. The course equips students to counsel clients regarding framing dispute resolution clauses in commercial cross-border contracts; engaging in cross-cultural negotiation and mediation; and management of international arbitral proceedings, including ancillary judicial proceedings seeking to compel, stay or enforce arbitral proceedings and awards. The objectives of the course are to ensure that students are cognizant of the principles underlying the currently prevalent international dispute resolution mechanisms and how they operate, and to encourage in-depth original scholarship in a single topic of the student's choosing. Guest lecturers will present information on current developments in the field, including Bilateral Investment Treaties, Online Dispute Resolution, the perspectives of corporate end-users of these processes, and the impact of recent American jurisprudence on the efficient conduct of international arbitration. Grading is based upon classroom participation and a class presentation and final paper on an agreed-upon topic.