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Intl Arb & Choice of Law Iss (LAW-795-017)
Meets 6/4/2012 - 6/7/2012 This course is part of the 2012 International Commercial Arbitration Summer Program. The session brings together world-renowned practitioners and arbitrators. Luncheons and networking activities provide participants with the opportunity to exchange information and interact with their peers and expert instructors. For more information about extracurricular activities please go to: https://www.wcl.american.edu/arbitration/summer_network_activities.cfm A certificate of attendance will be available to students upon request. Exam Information: A final examination will consist of a 24-hours take-home exam. Given the interrelated nature of these courses, students taking more than one course can choose to take all the exams at the end of the three week session. Students are allowed the accumulated time allowed for each individual exam. In that way, students can use the knowledge they have acquired through the whole session. Students may download the take-home exams from the day after the last class of the course has taken place. The exam will be available online until Monday, July 2, 2012 at MyWCL.
Establishing the applicable law in international commercial arbitration is fundamental to the outcome of a dispute. However, how arbitrator actually determine the law they apply on international cases has been difficult to evaluate. Arbitration is in nature confidential and published awards are regularly summarized and heavily edited. The proposed course provides a unique opportunity for analyzing the practical aspects of choice-of-law problems in international arbitration cases concerning both the procedure and the merits. The course will exclusively focus on choice-of-law problems observed by international commercial arbitrators when resolving arbitral disputes viewed from the perspective of the general theory of conflict-of-laws (private international law). The course is entirely taught by using arbitral awards and selected doctrinal texts. For more information, please see the International Commercial Arbitration Home page here.
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 here to determine if books are currently available for purchase online.
V. Reading materials Horacio A. Grigera Naón, CHOICE-OF-LAW PROBLEMS IN INTERNATIONAL COMMERCIAL ARBITRATION, HAGUE ACADEMY OF INTERNATIONAL LAW, Collected Courses, Volume 289 (2001) [the “Collected Courses”], pages 13-178 and 183-333. 2012 Rules of Arbitration of the International Chamber of Commerce, available at: Center on International Commercial Arbitration, American University Washington College of Law, THE ARBITRATION HANDBOOK: A GUIDE TO LAWS, CONVENTIONS AND RULES ON INTERNATIONAL COMMERCIAL ARBITRATION (2011)
First Class Readings
• ICC Case No. 1512 of 1971: Second Preliminary Award of January 14, 1970. • ICC Case No. 3572 of 1982: Final Award. • ICC Case No. 4695 of 1984: Interim Award.