Certificate in
Global Arbitration Law and Practice

Course Description

• Introduction to U.S. Arbitration Law: Domestic and International Aspects.

  The foundation course covers the fundamental principles and themes of U.S. arbitration law. The course begins with a thorough introduction to the history and operation of arbitration including its constituent concepts and basic institutions, as well as customary practices. The Federal Arbitration Act (FAA), the governing U.S. statute on arbitration, is covered extensively along with the impact of contract freedom upon the elaboration of an American law of arbitration. In addition, the Uniform Arbitration Law for states also is assessed. Several class sessions address the development of a doctrine of limited subject matter inarbitrability and the growth of arbitrator sovereignty as to jurisdiction, the conduct of proceedings, and the determination of the merits. Finally, problems relating to the enforcement of arbitral awards and other practical issues are addressed. The course includes a number of break-out sessions and a workshop component on drafting arbitration agreements.

• International Trade and Investment Dispute Settlement

  The legal environment for international trade and foreign investment has changed dramatically since the end of the Cold War. International trade and investment dispute resolution, in particular through international arbitration and other non-judicial dispute settlement mechanisms, has become increasingly common. Foreign investors are much more willing to pursue claims against host state, (e.g., for alleged expropriation or discriminatory behavior). Further, public international law principles must also be considered once a state is involved. Principles will be addressed such as state responsibility, expropriation and acts tantamount to expropriation, which comprises fair and just compensation, immunity from suit and immunity from execution. These public international law principles overlap somewhat uncomfortably with the commercial interests of foreign investors. Developments in investment arbitration and trade dispute resolution have been rapid in recent years. It is now crucial that academics and legal practitioners be aware of the complex international legal elements involved in the resolution of investment and trade disputes.

  This is a unique course combining International Trade and International Investment Treaty Disputes and is attractive to students interested in public international law and international arbitration. Teaching will vary between interactive lectures encouraging student participation, traditional lectures, case studies, and seminars. Students presentations may also be required.

• International Commercial Arbitration: Theory and Practice

  The aim of this course is two-fold: first to provide groundwork theory in relation to arbitration and second, to work with students and assist them in developing advocacy skills. The course uses an interactive workshop format and it is divided into two closely interrelated modules.

  The first module will provide students with the necessary doctrinal background in relation to key arbitration topics, such as validity and interpretation of arbitration agreements, the notion of arbitrability, the importance of the place of arbitration, and the role and mandate of arbitrators, the challenge and enforcement of arbitral awards. It also looks into procedural issues that frequently arise in arbitration hearings. Here students will learn how to challenge the jurisdiction of an arbitral tribunal; whether it is best to challenge the tribunal’s jurisdiction before a national court or the tribunal itself; how to request interim relief/injunction to support and protect their arbitral claims; how to bring a third party before a tribunal by joinder or how to bring more claims against the same party. All these topics will be discussed by reference to arbitration case studies. Thus, during this module, students will have to consider the factual and legal issues of three Arbitration Cases which will then be used for the “Mock Arbitration” sessions in the second module.

  In the second module, students will focus on advocacy in arbitral proceeding. Topics include techniques to develop a winning theory of the case, the art of the opening statement, effective presentation of documentary evidence, the use of experts, cross examination, and overall interaction with the tribunal and opposing counsel. This module takes the form of three “Mock Arbitrations” where students will have to apply the arbitration and advocacy theory of the previous sessions before a panel of experienced arbitrators.

  It should be noted that the course takes an international and comparative approach, looking into arbitration rules of the most well known institutions (such as the ICC and LCIA), as well as the arbitration laws of major national jurisdictions (such as England, France and Switzerland).

  NOTE: This course is an “Experiential Course” as defined by American Bar Association Standard 303(a)(3) (defining “experiential course”) and American Bar Association Standard 304 (defining “law clinic,” “field placement course,” and “simulation course”) for MHSL students.  Visiting JD students should check with their home institution for verification that this course will satisfy the ABA requirement at their particular school.