Schedule of Classes
261.2 sec. 1 - Resolution of Private International Disputes (Fall 2009)
Instructor: David D. Caron (view instructor's teaching evaluations | profile)
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Units: 4
Meeting Time: MTuW 2:00-3:10
Meeting Location: D-21, Hearst Field Annex (HFA)
Course Control Number (Non-1Ls): 49681
Main Section Enrollment:
Enrolled: 25
Waitlisted: 0
Enroll Limit: 40
As of: 11/25 06:43 AM
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.
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Exam Notes: TH
Course Category: International and Comparative Law
Course Subcategories:
Litigation and Procedure
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Books:
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