Intl Investment Disputes (Online, Pre-Requisites) (LAW-679A-001)
Susan Franck
Meets: 02:00 PM - 03:50 PM (Tu)
Enrolled: 7 / Limit: 12
Notices
Because of the advanced nature of this seminar and the need to have a defined research topic within the first two weeks, there are prerequisites. Due to the breadth of the material covered in the seminar, there are multiple qualifying prerequisites and students must have taken at least one of the following courses, including: International Business Transactions, Transnational Litigation, International Investment Law, International Commercial Arbitration, Bilateral Investment Treaty Arbitration, International Contracts and Sales, or the permission of the instructor to assess alternative experience and course work. (NB: Please note this course has an administrative exemption and will be conducted 100% online, using both synchronous class discussions and asynchronous recorded materials.)
Description
This advanced research seminar focuses on topical and current issues involved in the resolution of international investment and commercial disputes. The seminar permits students to focus on multiple dispute resolution options (including mediation, arbitration, and litigation before national courts or international tribunals), the applicable law (including international law, national law, and private contracts), the theory, and the policy considerations within the area of international investment and commercial law disputes.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
There are no textbooks for this course. Rather, we will be reading and discussing law review articles that are recent and/or fundamental. The Canvas site is fully developed, containing access to the articles for discussion, videos exploring doctrine, and sometimes even interviews with the author of the reading. Please note, the format and interaction of the seminar resembles a "book club" interactive discussion where you will be encouraged to develop your own thinking and dialogue with your colleagues. From time to time during the course, I will be having guest participants join us in the discussion. For Fall 2021, the guest speakers currently scheduled are: Gabrielle Kirk McDonald (former U.S. federal judge as well as a judge on the Iran-US Claims Tribunal and International Criminal Court), Meg Kinnear (Secretary General of the World Bank's International Centre for Settlement of Investment Disputes), and Kabir Duggal (Senior Advisor at Arnold & Porter and co-director of REAL, Racial Equality for Arbitration Lawyers).
First Class Readings
Prior to class, you will be asked to watch a series of asynchronous videos, which are directly embedded into Canvas. You will choose to read one of two articles and post "Comments and Questions" about what you have read on the Canvas Discussion board to integrate our concerns and ideas into class conversations. The two articles for you to chose from in Module 1 are: (1) Pamela K. Bookman, Litigation Isolationism, 67. STAN. L. REV.1081 (2015), https://stanford.io/2YVP8J9, and (2) Susan D. Franck, et al., Inside the Arbitrator’s Mind, 66 EMORY L.J. 1115 (2017), https://bit.ly/2hvIcxZ. Synchronous class will 90 minutes the first week only, the rest of the online interactive synchronous seminar conversations will be in the order of 75 minutes or less.