This course will examine the basics of the law and practice of international arbitration. We will study the entire arbitration process: the language of an arbitration clause, issues of arbitrability, initiation of arbitration, appointment of arbitrators, arbitral proceedings, arbitral awards, and the recognition and enforcement of awards. Special attention will be paid to the rules and practice of the leading institutions for private arbitration, including the International Court of Arbitration of the ICC, the London Court of International Arbitration, and the American Arbitration Association. In addition, we will explore the growth of arbitration mechanisms for resolving disputes between private parties and foreign states, paying particular attention to cases brought in the International Centre for the Settlement of Investment Disputes and under Chapter 11 of the North American Free Trade Agreement. We will also investigate the process of ad hoc arbitration between states, focusing on the resolution of boundary disputes. Throughout the course, we will identify the advantages and disadvantages of arbitration as a means of international dispute resolution. In addition to traditional course assignments, we will conduct simulations on various issues arising in international arbitration.
3 credits. Examination.