International Commercial Dispute Resolution
This course deals with the theory and practice of international commercial arbitration, mediation, and negotiation. Disputes among corporations, nation-states, or individuals, are no longer handled solely in the trial courts of their home jurisdictions but instead increasingly through arbitration, bilateral investment treaties, or conciliation across national borders. Because of the American “litigation explosion,” as well as skepticism of the reliability of commercial courts in non-American jurisdictions, international arbitrations have grown in number and expanded greatly in subject matter. The course equips students to counsel clients regarding framing dispute resolution clauses in commercial cross-border contracts; engaging in cross-cultural negotiation and mediation; management of international arbitral proceedings; and ancillary judicial proceedings seeking to compel, stay or enforce arbitral proceedings and awards. Students participate as counsel in mock mediations and arbitration hearings, and prepare Requests for Arbitration, Answers, Terms of Reference, and Final Awards. Guest lecturers from the world of commercial dispute resolution occasionally will visit as Guest Lecturers, affording students insights into current, practical live-case problems. Grading is based upon classroom participation, written submissions as assigned, and a final paper on an agreed-upon topic.
Prerequisite: Civil Procedure. Not open to students who have taken International Arbitration.