Course Description
A majority of cross-border contracts today provide for the adjudication of contract disputes by private, international arbitrators rather than governmental courts. This introductory seminar examines the transnational 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 addressed 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 also features a mock international commercial arbitration with student teams briefing and arguing a case.
Updated: 04/05/2011