Course Description:
This course will examine in depth the law and practice of domestic commercial arbitration. Topics for study likely will include the essential characteristics of arbitration, the interaction between federal and state arbitration law, the division of authority between arbitrators and courts, the judging of consent to arbitrate, a detailed examination of the arbitration process and arbitration practice with a focus on the skills necessary to be a successful advocate in the arbitral forum, class arbitration, and judicial review of arbitration awards. In any given year, discussion may focus on arbitration cases currently pending on the U.S. Supreme Court’s docket. Students will be required to complete a series of practical exercises: drafting an arbitration agreement, drafting a demand for arbitration and an answer/response to the demand, selecting an arbitrator, preparing for and participating in an arbitration management conference, drafting and responding to motions on a discovery dispute, and finally participating in a complete mock arbitration in which students will prepare witnesses, depose an opposing witness, make opening statements, examine and cross-examine witnesses, and make closing statements. Also, from time to time, the class will view and discuss videotaped vignettes of an arbitration that relate to issues that arise in that week’s reading or that week’s class discussion. Enrollment is limited to 15 students.
