LAW 6531 - International Commercial Arbitration

Fall. 3 credits. Student option grading.

Students who have taken the international commercial arbitration course in the Paris program will receive 1 credit for this course. All others will receive 3 credits.

J. J. Barceló III.

A study of arbitration as increasingly the dispute resolution method of choice for international trade and transactional disputes (where the parties are from different countries). The course introduces the sources and hierarchy of norms governing international arbitration and then focuses on the legal issues and processes concerning enforcing agreements to arbitrate, selecting and challenging arbitrators, choosing the procedure and applicable law in arbitral proceedings, and enforcing the resulting arbitral award. The course gives special attention to the 1958 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (and agreements to arbitrate) known as the New York Convention, and the UNCITRAL (U.N. Commission of International Trade Law) Model Law. The course’s unique approach-patterned on the nature of international commercial arbitration itself-presents commercial arbitration as a transnational phenomenon and not as a subject based in or controlled by any particular national system. The course materials include court decisions, arbitral awards, national arbitration statutes, the rules of various arbitration institutions, and scholarly writings-drawn from all over the world.