50260 - DISPUTE RESOLUTION IN A GLOBALIZED WORLD

It is recommended that students have already taken exams in constitutional and European law.

With globalization, modern business enterprises frequently operate or conduct business activities that are subject to the jurisdiction of courts in multiple legal systems around the world. Lawyers must be able to advise clients prospectively to manage the potential risks of being summoned to multiple jurisdictions and, when disputes do arise, represent clients in complex multi-jurisdictional, multicultural proceedings.

This course provides students with the theoretical framework they need to master cross-border aspects of international disputes and the technical and practical tools they need to plan for, manage, and resolve them. Students will gain knowledge of relevant national laws and procedures, and the private international law, treaties, and norms that may be implicated in international and cross-border disputes. 

In addition to substantive knowledge, this course will also train students in practical know-how and skills that are needed to effectively engage in cross-cultural negotiation, arbitration- and forum-selection-clause drafting, international legal research, evidence preparation in cross-cultural settings, and written and oral advocacy. 

Topics covered will include:

• Fundamentals of dispute resolution in international and comparative perspective
• International negotiation and mediation
• International litigation: prescriptive jurisdiction, judicial jurisdiction & enforcement jurisdiction
• International arbitration: legal frameworks and the interplay of applicable treaties, laws and rules
• Arbitration agreements: effect and enforceability
• Arbitrators: selection, appointment, duties & challenges
• Arbitral procedures: applicable sources & practical strategies 
• Arbitral awards: set aside, recognition & enforcement

• Explain to clients the advantages and disadvantages of various forms of international dispute resolution
• Select appropriate fora and dispute resolution mechanisms for clients
• Identify the treaties, laws, and rules that apply in international disputes
• Understand the potential risks and options in dispute managment
• Interpret and apply relevant international soft law instruments

• Plan dispute resolution strategy to minimize risk
• Manage cross-border disputes to maximize clients' strategic objectives 
• Negotiate and draft effective dispute resolution clauses 
• Select arbitrators and assess potential challenges
• Research and apply rules and laws applicable to cross-border legal disputes
• Develop advocacy and evidence-gathering strategies
• Resolve disputes through mediation processes

• Face-to-face lectures
• Online lectures
• Guest speaker's talks (in class or in distance)
• Case studies /Incidents (traditional, online)
• Interactive class activities on campus/online (role playing, business game, simulation, online forum, instant polls)

A simulated/mock case will be introduced as the basis for a series of role-playing exercises in negotiating and drafting arbitration clauses, selecting and challenging arbitrators, arguing jurisdictional challenges, and gathering evidence. When students work on group exercises, they will be responsible for working in groups to resolve exercises, but will receive individual credit for completion.  

Lectures are highly interactive, using a Socratic method. Student are expected to come to class having already completed the reading assignment in order to participate fully in classroom discussion.  

Class participation in practical exercises and discussions will constitute 20% of the final grade.  

The final exam will constitute 80% of the grade. The final exam will consist of an in-class 10-question multiple-choice and 5-question short answer exam. In addition, the final exam will include a 24-hour take-home essay question. Additional details about the exam and sample exam questions will be distributed in class.   

Poor attendance without excuse may count against the class participation grade.  

The final exam will constitute 100% of the grade. The final exam will consist of an in-class 10-question multiple-choice and 5-question short answer exam. In addition, the final exam will include a 24-hour take-home essay question. Additional details about the exam and sample exam questions will be distributed in class.  

REQUIRED MATERIALS 

• GARY B. BORN , International Commercial Arbitration: Law and Practice (2nd ed. 2015) [Born]. 
• Case materials and legal sources (to be posted on BBoard) 
• Practical Role-Playing Exercises (to be posted on BBoard) 

RECOMMENDED READINGS 

• Gary B. Born, International Commercial Arbitration (3rd ed. 2020) (3-volume treatise, available online from on kluwerarbitration.com) 
• The Restatement of the U.S. Law of International Commercial and Investor-State Arbitration (electronic version available on BBoard). 
• Massimo Benedetelli, International Arbitration in Italy (2021) (available on kluwerarbitration.com) 
• Additional readings to be provided and assignments specified in day-by-day syllabus.