Schedule of Classes
Class times for Fall, 2008 have not been released yet.261.2 sec. 1 - Resolution of Private International Disputes (Fall 2008)
Instructor: David D. Caron (view instructor's teaching evaluations | profile)
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Units: 4
Meeting Time: -
Meeting Location: -
Course Control Number (Non-1Ls): 49658
This course explores the more prominent issues faced in resolving a transnational dispute. The course is structured around a contract dispute and a tort claim. Throughout the course, we shall consider these problems in the contexts of international arbitration and transnational litigation. The first part of the course will consider pretrial and pre-arbitration issues such as service of process, jurisdiction, forum non conveniens, forum selection clauses, enforceability of arbitration agreements, and arbitrability. During the second part of the course we will turn to issues arising during the proceedings, in particular arbitral proceedings. These issues include evidence and expert testimony, multiparty arbitration, and choice of law. We will also examine certain aspects of judicial assistance, including interim awards, discovery orders, and letters rogatory. Finally, we will look at post-proceeding issues such as challenging arbitral awards, appeals, and the recognition and enforcement of foreign judgments and arbitral awards. If time permits, we will also examine other mechanisms for dispute resolution such as diplomatic protection, conciliation and mediation, and the evolutionary interplay between all of these various mechanisms.
Prerequisites:
Due to additional delays in contruction; this course will meet in the Deans Seminar room and room 110, as needed, for the week of Sept 1
Exam Notes: TH
Course Category: International and Comparative Law
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Books:
Books for this term are unavailable.
