Loyola University Chicago

School of Law

Experiential Learning

137: International Arbitration: Public and Private

Credit Hours

3

Description

This course will familiarize you with what has emerged as the primary means of resolving cross-border and multi-jurisdictional commercial disputes in today's global economy, international arbitration. You will first learn about international commercial arbitration, which is carried out between private companies having disputes over international commercial contracts. You will then focus on international investment arbitration, which is a dispute mechanism provided for by treaty that permits an investor to have recourse to international arbitration when a dispute arises, rather than to the courts of the host country.  Throughout the course, you will explore the similarities and differences between international arbitration and the procedures used in common law (i.e. the U.S. and U.K.) and civil law (i.e. most of Europe, Asia and Latin America) systems. You will develop an appreciation for the cross-cultural nature of international transactions and disputes and attain a certain facility with key international arbitration rules, multi-lateral treaties, and arbitration provisions. Through review of relevant court decisions, you will develop an appreciation for the interplay between the arbitral authority and the national courts. You will learn when and why to enter into arbitration agreements as well as how to initiate proceedings and select arbitrators, present evidence and contest and enforce awards. This seminar will be interactive with some mock exercises, including negotiating, drafting, and oral advocacy in addition to class discussion. (Morkin and Mitchell)