601:510. ARBITRATION ( 2 or 3 credits)
Adler
Limited enrollment = 25
Arbitration is an increasingly popular alternative to litigation. Like mediation, it happens only by the parties' consent, but unlike mediation, it is a binding form of dispute resolution and has a system of law and procedure all its own. This course will examine commercial arbitration under both United States and foreign law and practice, with particularl attention to: 1. arbitration as creature of contract: the creation of an arbitration clause 2. when is a dispute arbitrable and when will courts enforce and not enforce arbitration clauses? 3. commencing the arbitration: how are arbitrators selected, and when are arbitration bodies such as the American Arbitration Association and the London Court of International Arbitration involved? 4. what is the proper scope of an arbitration? 5. arbitrating your case: how is an arbitration actually conducted and how is this similar to and different from litigation? What is arbitration procedure for briefs, witnesses, discovery and other mechanics? 6. How does international arbitration differ from US domestic arbitration? 7. How are arbitration awards enforced? 8. public policy: advantages and disadvantages of arbitration vs. litigation The course will examine published cases and materials and also perform in-class exercises based on contemporary arbitration issues. Class participation will be weighted heavily and there will be a final take-home exam.
Adler
Limited enrollment = 25
Arbitration is an increasingly popular alternative to litigation. Like mediation, it happens only by the parties' consent, but unlike mediation, it is a binding form of dispute resolution and has a system of law and procedure all its own. This course will examine commercial arbitration under both United States and foreign law and practice, with particularl attention to: 1. arbitration as creature of contract: the creation of an arbitration clause 2. when is a dispute arbitrable and when will courts enforce and not enforce arbitration clauses? 3. commencing the arbitration: how are arbitrators selected, and when are arbitration bodies such as the American Arbitration Association and the London Court of International Arbitration involved? 4. what is the proper scope of an arbitration? 5. arbitrating your case: how is an arbitration actually conducted and how is this similar to and different from litigation? What is arbitration procedure for briefs, witnesses, discovery and other mechanics? 6. How does international arbitration differ from US domestic arbitration? 7. How are arbitration awards enforced? 8. public policy: advantages and disadvantages of arbitration vs. litigation The course will examine published cases and materials and also perform in-class exercises based on contemporary arbitration issues. Class participation will be weighted heavily and there will be a final take-home exam.