Certificate(s): International Law
Course covers international commercial arbitration. Topics include the basic framework of international arbitration; the substantive aspects of the international arbitration agreement; the arbitral process itself; the recognition and enforcement of arbitral awards under the New York Convention. The course will expose the contexts in which international commercial disputants carry out conflict resolution between them and how international commercial arbitration fits into the emerging and ever changing transnational schemes of private dispute resolution.
This course provides an overview of international commercial arbitration law and practice. Topics explored include the role of international arbitration in transnational business dispute resolution; the making and recognition of international arbitration agreements; the selection and appointment of the arbitral tribunal; preliminary proceedings, including procedural orders and interim relief; the evidentiary hearing; and the recognition and enforcement of arbitral awards. Particular attention is paid to issues involving the drafting and recognition of arbitration agreements and awards; the role of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; and international arbitration rules and “soft law” guidelines and their interplay with national laws and local cultural and legal norms.
This class addresses the issues that arise in international arbitration sequentially on a time-line, starting in the pre-dispute business planning period, focusing significantly on the handling of a dispute, and progressing to award recognition issues. Although we will regularly approach issues from a US international dispute resolution perspective, consideration will be given to civil law, Asian and other practice norms.