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Most international business contracts today provide for the adjudication of disputes by private, international arbitrators rather than governmental courts.  This introductory seminar will examine the consensus that has emerged with regard to international commercial arbitration, including the remarkable network of treaties and coordinated national laws that permit such arbitration and mandate domestic courts around the world to enforce international arbitral awards as if they were the judgments of such courts.  Subjects to be addressed will include (i) the consensual basis of arbitration and the limits of arbitral jurisdiction, (ii) relevant norms that control arbitration, (iii) how to draft an effective arbitration clause, (iv) key elements of arbitral process and procedure, and (v) the effects/limits of international arbitral awards.  The seminar will also feature a mock international commercial arbitration with student teams arguing a case.

M. Moses, The Principles and Practice of International Commercial Arbitration, Cambridge Univ. Press (2nd ed. 2012), supplemented by cases and other materials to be posted on Forums.

Lecture, discussion, role play

Two short papers (one of which may be a draft section of an arbitration brief) plus final paper

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Papers, class participation