U.S. Arbitration Law, Theory & Practice

1 unit

This course will explore US arbitration law, a necessary tool for law students where arbitration continues to grow substantially both as a contractual and a non-contractual adjudication process. The main aim of the course is to grant students a full understanding of arbitration clauses, preventing them from the use of boilerplate clauses that can place serious risk for their clients in the future. We will approach this important area from its multiple sources, that include the New York Convention of 1958, federal and state law, as well as the evolution of the applicability of the FAA (Federal Arbitration Act) from a federal procedural law to a substantive one with preemptive power. The course will also focus on SCOTUS decisions that have modeled the current regulations of agreements to arbitrate and arbitration procedure, going over the use of choices of law clauses in agreements, the separability doctrine, and successful defenses to agreements to arbitrate. Students are expected to thoroughly read the course materials prior to the start of the class. Lectures are highly participative and there will be significant discussion and in-class activities in student groups. Class attendance is mandatory. The final will be a take-home exam. 1 unit.