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7109 - Intl Business Arbitration
Professor: Ellen E. Deason
Semester: 2013 Spring
Second Writing Requirement? No
Professional Responsibility? No
Means of Assessment: Take-home exam and class participation
The course examines the theory and practice of international business arbitration. Students will become familiar with the procedures used in international arbitration, with reference to how they compare to domestic U.S. practice. They will examine the intersecting roles of private contracts, international treaties, national legislation and court decisions, and public and private international institutions. In addition to normal classroom discussion, students will participate in two negotiation exercises that will involve them in strategic choices and planning for dispute resolution. First, students will negotiate the selection of arbitrators for an arbitral panel. Second, students will negotiate and draft an arbitration clause for an international commercial relationship.
Topics covered include: Problems in international litigation that create motivation to arbitrate; the authority of arbitration tribunals; duties and selection of arbitrators; international arbitration procedures and the influence of national litigation systems; enforcement of arbitral awards by national courts; challenges to arbitral awards; and drafting arbitration agreements.
This course is appropriate for students with interests in business transactions as well as in litigation.
The course materials listed above are for informational purposes only and should not be considered final. Students must check with the Registrar for a current list of closed courses.