Arbitration Law Theory and Practice

3 units

Enrollment limit: 24. Prerequisite: Negotiation. This course introduces students to the law, theory, and practice of Arbitration. The course will address the interplay between the jurisdiction of the courts and the authority of the arbitrator, examining common law, the Uniform Arbitration Act used by most states, and the Federal Arbitration Act. The course develops legal and theoretical frameworks through case studies and articles, in which students examine and extrapolate lessons from both practitioners and theorists. The course also focuses on the analytical and interpersonal skills necessary for attorneys to be successful in arbitration, whether as an advocate or as an arbitrator. The course mixes the case-study approach with simulations in multiple contexts, including consumer, commercial, financial, and employment disputes, which allow the student to work through an arbitration from the initial arbitration agreement to details of the actual arbitration hearing. Students undertake several written assignments, including drafting an arbitration agreement, Arbitration Claim, Motion to Compel Arbitration, Motion to Confirm Award, and Motion to Vacate Award, as well as solving ethical problems. Students present oral arguments on the motions and participate in two mock arbitrations. Student grades are based on written and oral assignments throughout the semester, preparation for and participation in class discussions and simulations, and a take-home final paper. Students are graded according to the standard numeric grading scale. Due to the ongoing writing assignments which are reviewed in class discussions after each assignment is turned in, and due to the small size of the class in which writing styles become very apparent, this course will not be graded anonymously. 3 units.