Fall 2020 Course Schedule

International ADR: Global Disputes Practicum (LAW-835-001)
Charles Kotuby, Luke Sobota

Meets: 03:00 PM - 05:50 PM (Th)

Enrolled: 9 / Limit: 22

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This practicum provides students a unique opportunity to explore the evolving area of cross-border disputes with sovereign entities, while obtaining substantial stand-up advocacy experience that will translate into any dispute-resolution setting.

Based upon a realistic simulation of an international dispute between a U.S. company and a foreign country, students will prepare submissions that they will then argue to mock panels comprised of former U.S. judges, prominent arbitrators, and leading practitioners. Experiences will include mock U.S. litigation and investment and commercial arbitrations. Two classes are also dedicated to mediation. Students will leave with first-hand experience in the substantive and procedural aspects of international litigation and arbitration involving sovereign entities.

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. The practicums provide a great opportunity for students to hone their advocacy skills in ways that will be beneficial for all form of litigation.

The course thus offers a balance of lectures, written advocacy and stand-up experience before varied audiences; and students will be assessed on their written and oral performance. The class will also include a tour of the World Bank’s International Centre for Settlement of Investor Disputes (ICSID), one of the world’s leading facilities for resolving disputes with sovereign States—through multiple processes including conciliation, expert determination, mediation, and arbitration.

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.

First Class Readings

Jan Paulsson, International Arbitration is not Arbitration, STOCKHOLM INTERNATIONAL ARBITRATION REVIEW (2008:2); NIGEL BLACKABY, CONSTANTINE PARTASIDES, ET AL., REDFERN AND HUNTER ON INTERNATIONAL ARBITRATION (6th ed., 2015), Chapter 1; Karl P. Sauvant, , in APPEALS MECHANISM IN INTERNATIONAL INVESTMENT DISPUTES; Andreas A. Frischknecht, Andrew Poplinger, et al., Special Considerations with Respect to Recognition and Enforcement of Foreign Arbitral Awards and Judgments Against Sovereigns, in ANDREAS A. FRISCHKNECHT, YASMINE LAHLOU, ET AL., ENFORCEMENT OF FOREIGN ARBITRAL AWARDS AND JUDGMENTS IN NEW YORK (2018), pp. 309-338; Laurence Shore, Tai-Heng Cheng, et al., Introduction, in LAURENCE SHORE, TAI-HENG CHENG, ET AL. (eds), INTERNATIONAL ARBITRATION IN THE UNITED STATES (2017) pp. 3-12; 2019 World Justice Project Rule of Law Index & Press Release.


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