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261.2 sec. 1 - International Litigation and Arbitration (Fall 2011)
Instructor: David D. Caron (view instructor's teaching evaluations | profile)
Instructor: Neil A.F. Popovic (view instructor's teaching evaluations | profile)
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Meeting Time: MTuW 10:00-11:10
Meeting Location: 170
Course Start: August 24, 2011
Course Control Number (Non-1Ls): 49769
This course explores the more prominent issues faced in resolving a transnational dispute through arbitration and/or 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 measures, 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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A reader will be used in this class.
Instructor has indicated that no books will be assigned.