Courses 2008 - 2009
LAW E 546 International Commercial Arbitration
Credits: 2-3, Variable
This course introduces the legal framework for, and major legal issues relating to, international commercial arbitration under the New York Convention of 1958 and major national statutes on arbitration including the U.S. Arbitration Act of 1925.
Part I introduces the basic characteristics of and rationale for international commercial arbitration; Part II covers forms and substance of an arbitration agreement; Part III addresses qualifications and responsibilities of arbitrators; Part IV discusses the arbitration process, including issues like the doctrine of lex arbitri, terms of reference, discovery process, and role of expert opinions. Finally, Part V covers judicial control over the arbitration process and recognition and enforcement of an arbitral award under the New York Convention.
The course focuses on the doctrinal and practical aspects of international commercial arbitration but also references contemporary scholarship that critiques both the institution of arbitration and its place in the supra-national system of "soft" law that now governs private and state legal entities.