This course provides an introduction to international commercial arbitration and dispute resolution. Learners will gain an understanding of contract grievances and arbitration procedures. Additional topics include the recognition and enforcement of arbitral awards; the international conventions, national laws, and institutional arbitration rules that govern the arbitral process and the enforcement of arbitration agreements and awards; and the strategic issues that arise in the course of international arbitration proceedings. Other areas considered include discipline and discharge, wage and benefit issues, subcontracting and work preservation disputes, seniority rights, and the role of past practice in establishing binding conditions of employment and in interpreting contract language. Emphasis will be given to the principles arbitrators have developed and applied to resolve disputes involving provisions commonly found in contracts.
(LIBR 150 may be taken concurrently).
After successfully completing the course, the learner will be able to:
- Understand the historical and the international context in which the legal regulation of the arbitration of commercial disputes are established and now operates;
- Able to identify and understand the fundamental principles which underpin the law regulating international commercial arbitration;
- Demonstrate fluency in analyzing those basic principles critically, especially in the light of the industry and economic contexts for international law operates;
- Demonstrate an understanding of and an ability to apply the principles and law relevant to the settlement through arbitration of commercial disputes, by participation in online tutorials and discussion boards, and to access appropriate resources and regulation on the internet;
- Present argument, both orally and in writing, concerning the arbitration of commercial disputes; and develop the skills through role-playing to apply legal principles in hypothetical scenarios involving the arbitration of commercial disputes.