U.S. and International Arbitration

2 Credit Hours

This seminar focuses on arbitration as a method of resolving both domestic and international commercial disputes. The course will explore the advantages and disadvantages of arbitration as compared to both litigation in the courts and mediation. In addition, the course will address the nature and scope of arbitral jurisdiction; the nature of the arbitral process; effective advocacy in arbitral hearings; the enforcement of arbitral awards; judicial review of arbitral proceedings; and the use of arbitration to resolve disputes in US and international sports, including the Olympics. The course will also review a series of recent Supreme Court decisions restricting the scope of judicial review of arbitral awards and clarifying the ways in which arbitral agreements can limit liability (for example, by barring class actions). Finally, the course will examine international arbitration in the United States, including the U.S. enforcement of international awards and arbitrations in the U.S. between governments and private parties ("Investor-State" arbitrations).