Margaret L. Moses

Title: Professor of Law , Director of International Law and Practice Program

Office #: Corboy 1433

Phone: 312.915.6430

E-mail: mmoses1@luc.edu

About

Margaret L. Moses' SSRN Website

Professor Moses is an internationally recognized scholar in the field of international commercial arbitration. Her treatise on international commercial arbitration, published in 2008 by Cambridge University Press, has received favorable reviews in publications around the world. A second edition was published in 2012. Her teaching and writings are informed by her participation as an arbitrator in arbitrations under the auspices of the International Chamber of Commerce, Court of Arbitration and the American Arbitration Association's International Centre for Dispute Resolution.

In addition to arbitration, her areas of interest and research include international letters of credit, international business transactions, international trade finance and the right to a jury trial. She has published numerous law review articles on both domestic and international arbitration, as well as on international letters of credit, good faith, and other topics. In addition to appearing in leading U.S. law reviews, her articles have been either published or reprinted in Australia, India and England. She has been an invited speaker at national and international conferences in many different countries.

In addition, her scholarship with respect to the jury trial right in connection with Revised Article 5 of the Uniform Commercial Code (Letters of Credit) led a number of states, including New York, New Jersey and Pennsylvania, to adopt a non-uniform version of Article 5. The non-uniform version did not include the curtailment of the jury trial right that is contained in 5-108(e) of the uniform version. Professor Moses also served as Vice-Chair of the ABA subcommittee that worked with the ALI on Revised Article 1 of the UCC. She was invited to join the ALI in 1996. For the near future, Professor Moses' research agenda will focus primarily on domestic and international arbitration issues, as well as issues of statutory interpretation and international treaty interpretation.

Shortly after arriving at Loyola, Professor Moses began Loyola's Vis Moot Arbitration program, which sends two different teams of students to compete in Vienna and Hong Kong. Before joining the Loyola Chicago law faculty in 1998, Professor Moses practiced in New York, Paris, Milan and New Jersey. She has a J.D. degree from Columbia University School of Law and a Ph.D. degree from Indiana University. She is currently the Director of International Programs. She teaches International Commercial Arbitration, International Business Transactions, International Trade Finance, European Union Law, and Contracts.

Degrees

B.A., magna cum laude, Agnes Scott
M.A.T., Harvard
M.A., Indiana
Ph.D., Indiana
J.D., Columbia 

Program Areas

International Commercial Arbitration and CISG
International Business Transactions
European Union Law
Contracts

Publications

Books 

The Principles and Practice of International Commercial Arbitration, Cambridge University Press (2008) 

Articles

The Prextext of Textualism: Disregqrding Stare Decisis in 14 Penn Plaza v. Pyett,14 Lewis & Clark Law Review 825 (Fall 2010)

Arbitration Law, Who's in Charge, 40 Seton Hall Law Review 147 (2010)

Drafting the Arbitration Clause: Addressing the Issues, in International Arbitration and Mediation - from the Professional's Perspective (Robert Carrow & Anita Alibekova, eds.,Yorkhill Law Publishing 2007)

Statutory Misconstruction: How the Supreme Court Created a Federal Arbitration Law Never Enacted by Congress, 34 Florida State University Law Review 99, Fall 2006

Letters of Credit and the Insolvent Applicant: A Recipe for Bad Faith Dishonor, 57 Ala. L. Rev. 31 (2005)

Privatized "Justice", 36 Loy.U.Chi. L.J. 535 (2005) [moses.pdf]

Can Parties Tell Courts What to Do? Expanded Judicial Review of Arbitral Awards, 52 Kans. L.Rev. 429 (2004)

The Irony of International Letters of Credit: They Aren't Secure, but They (Usually) Work, 120 Banking L. J. 479 (2003)

Party Agreements to Expand Judicial Review of Arbitral Awards, to be published, Journal of International Arbitration (Summer, 2003)

The New Definition of Good Faith in Revised Article 1, 35 UCC Law Journal 47 (2002)

The Jury Trial Right in the UCC: On a Slippery Slope, 54 SMU Law Review 561 (2001)

What the Jury Must Hear : The Supreme Court's Evolving Seventh Amendment Jurisprudence, 68 Geo. Wash L. Rev. 183 (2000)

The Uniform Commercial Code Meets the Seventh Amendment: The Demise of Jury Trials Under Article 5, 72 Ind. L.J. 681 (1997)

The Impact of Revised Article 5 on Small and Mid-Sized Exporters, 29 UCC L.J. 393 (1997) 

Recent Presentations

The Pretext of Textualism, Faculty Workshops at the University of Utah School of Law, and Loyola University Chicago School of Law, March 2010.

International Arbitration, video lecture for the Universidad Antonio Ruiz de Motoya in Lima, Peru, November, 2009

Arbitrator Biases, ICDR conference at Santa Clara University, October, 2009

The Arbitration Fairness Act, SEALS Conference, Palm Beach Florida, August 2008

Drafting the International Arbitration Agreement, University of Nanterre, Paris, France, June 2008

Principles and Practice of International Arbitration, Chicago International Dispute Resolution Association, April 2008

Conference Panel Moderator, Award Enforcement under NAFTA, International Division of the American Arbitration Association, April 25, 2008

Presented paper on The Arbitration Clause, at Arbitration Day Conference at the University of Bologna, March 2007

Presented paper on Lowering Transaction Costs in Commercial Letters of Credit, at International Conference on Contracts, Houston, February 2007

The Arbitration Agreement - Addressing the Issues, Center for International Legal Issues, Salzburg Austria, June 16, 2006

Changes in Revised Article 1 of the Uniform Commercial Code, Chicago Bar Association, Committee on Commercial and Financial Transactions, March 2003

Expanded Judicial Review of Arbitral Awards, CIDRA (Chicago International Dispute Resolution Association), Chicago, November 2002

Vacatur of Arbitral Awards, Conference on International Commercial Arbitration, Salzburg, Austria, June 2002

The New Definition of Good Faith in Article 1, Business Section, American Bar Association, Boston, April 2002