International Business Arbitration (S)
LAW JD 980
Legal dimensions of resolution of cross-border economic disputes through binding arbitration. Treaty framework for determining validity of arbitration agreement and for recognition and enforcement of arbitral awards, in particular 1958 New York (UN) Convention and 1965 Washington (World Bank) Convention. Comparative approach, including reference to French, English, Swiss, and United States approaches to arbitration law, as well as the United States ( UNCITRAL) Model Act. Investor-State proceedings pursuant to free trade agreements and bilateral investment treaties. Influence of major arbitration rules, including ICC, LCIA, AAA and ICSID. Exploration of special issues arising from intellectual property arbitration and expropriation claims, including Act of State and sovereign immunity. Introduction to debate on "delocalized" arbitration, the role of the arbitral seat and the enforceability of awards annulled at the place of proceedings. Arbitral awards as a contribution to lex mercatoria and the "soft law" of dispute resolution. Comparison of business arbitration with issues related to consumer, employment and class action proceedings in the United States. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
FALL 2016 Schedule
|A1||Park||LAW 418||M 2:10 pm-4:10 pm||Stamped Approval