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Intl Commercial Arbitra Sem (LAW-789-001)
Grigera Naon, Frutos Peterson
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The course explores different issues arising in the conduct of international arbitrations and the making and enforcement of arbitral awards from a comparative law perspective by focusing on U.S. case law combined with the comparative analysis of foreign and court decisions in the area of arbitration and of arbitral awards. Through this analysis the course explores the interaction between national courts and international arbitral tribunals, national arbitration statutes, international arbitration treaties and the arbitral rules of leading international arbitration institutions. The course covers the following topics: the arbitration agreement (autonomy, separability, formation, validity, interpretation, arbitrability, effects, and the drafting of the arbitration clause); the arbitral tribunal; the arbitral proceedings (applicable law, commencement, organization, comparative review of leading institutional and ad-hoc international arbitration rules with a special focus on pleadings and evidence and provisional and conservatory measures); and enforcement of foreign arbitral awards as they arise under U.S. law, and other major arbitration fora. Students are expected to review US and foreign cases as well as arbitral awards and offer in-class presentations.
Textbooks and Other Materials
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First Class Readings
Class 1 What Is Arbitration?: Other Dispute Resolution Options; History and Evolution of International Commercial Arbitration; Meaning of “Commercial”; Meaning of “International” Required Readings 1. Lew, Mistelis Kröll, Chapter 1 (¶¶ 1-1 – 1-54), Chapter 2 (¶¶ 2-4 – 2-49), Chapter 4 (¶¶ 4-1 – 4-59). Additional Readings 1. Article 1 Model Law 2. Article 1504 French Statute
The syllabus is available in the following format(s):