Introduction to International Arbitration and Mediation (2 hrs.) — req. QP
This course will focus on international commercial arbitration. It will trace the history of commercial arbitration including the lex mercatoria through present international regimes such as the United Nations Commission on International Trade Law Model Rules. Various internationally used venues such as the International Chamber of Commerce in Paris, the London Court on International Arbitration, and the International Center for the Settlement of Investment Disputes will be explored as well. Some attention will be paid to enforcement of awards, including the role of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Attention will be paid both to selected aspects of the Federal Arbitration Act (including how the New York convention is enforced under United States law) and to the growing movement toward an “a-national” arbitration jurisprudence. The course will also consider European Union treaties on arbitration. Some consideration will be given to mediation and other forms of alternative dispute resolution in an international context. A drafting exercise will be included in the course. This course requires a qualifying course paper that fulfills one half of the upper level writing requirement. Refer to Academic Rule X —Writing Requirement and Directed Research. Recommended prerequisite: Alternative Dispute Resolution Techniques. Mr. Breger, Mr. Brubaker, Mr. Weinstein.