LAW 7131 - Comparative Law Seminar.

2 to 3 Credit Hours

Description
This is an elective course. This Seminar addresses the basic principles relevant to commercial arbitration as a dispute resolution device in international commerce within the context of different national legal orders, including a consideration of the history and origins of arbitration in the resolution of international trade and commercial disputes; the relation of international commercial arbitration and the national and international legal order; the arbitration agreement, with special emphasis on the arbitral clause as it relates to the scope of arbitrability; the arbitral process prior to award, inclusive of a review of the procedural rules of major international arbitral institutions; the authority of arbitrators in the arbitral process; special procedural issues in the conduct of international commercial arbitration such as pre-award attachment; provisional remedies; discovery; and judicial intervention in international commercial arbitration; and the arbitral award and its enforcement, with emphasis on national law and international agreements supporting the recognition and enforcement of international commercial arbitral agreements and awards, especially the United Nations Convention and national legislation adopted to implement it.

Notes: (Taught in summer abroad program in Austria)