Practical Aspects of Intl ADR (LAW-795AD-001)
Sobota, Kotuby
Meets: 09:00 AM - 10:50 AM (W) - Room 313
Enrolled: 11 / Limit: 14
Notices
There are no notices at this time.
Description
This practical, and engaging new course, taught by partners at two world-renowned firms, provides a semester-long practical experience through the framework of a hypothetical dispute. Students will not only have lectures on legal principles, but will be given a chance to advocate in both judicial and arbitral settings. One of the classes will include a tour and mock argument at the International Centre for Settlement of Investment Disputes (ICSID). The course will be 2 credits and take place Wed. 9:00AM-10:50AM. Professors: Luke Sobota, Partner, Three Crowns LLP and Charles T Kotuby, Partner, Jones Day, LLP. Every few weeks, the students will receive a detailed “case development” notice concerning some new facet of the case. After in-class discussion of the issues the relevant legal issues, the students will be divided into teams and tasked with preparing written and oral presentations—it may be a strategy session with a corporate general counsel or foreign attorney general, a pleading to a federal or foreign court, an arbitration memorial, or media or government outreach. The course thus offers students a balance of lectures, written advocacy and “stand up” experience before a varied audience, and the students will be assessed on their written and oral performance. Students will be evaluated on their written and oral performance in the practicum exercises, with added weight given to the major briefs and oral arguments during the semester. Class participation during lectures is also taken into account.
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.
EVALUATION GRADING The final grade in this course will be based on the following: Participation in class during lectures (10%) Performance on practicum assignments (90%)
First Class Readings
Week 1: Transnational Litigation in U.S. Courts Scenario: U.S. company contemplates litigation against foreign state-owned company in U.S. federal court. Required Reading: Terenkian v. Republic of Iraq, 694 F.3d 1122 (9th Cir. 2012); Aguinda v. Texaco Inc., 303 F.3d 470 (2d Cir. 2002); Kiobel v. Royal Dutch Petroleum, 133 S.Ct. 1659 (2013); China Trade and Dev. Corp. v. M.V. Choong Yong, 837 F.2d 33 (2d Cir. 1987); Whytock & Robertson, Forum Non Conveniens and the Enforcement of Foreign Judgments, 111 Columbia L. Rev. 1444 (2011); N. Jansen Calamita, Rethinking Comity: Toward a Coherent Treatment of International Parallel Proceedings, 27 U. Pa. J. Int’l Econ. L. 601 (2006); Patrick Radden Keefe, Buried Secrets, The New Yorker, July 8, 2013.