Domestic & International Commercial Arbitration

  • Graduate School of Business |

Description

This course intends to comprehensively examine the law and practice of contemporary international commercial arbitration by thoroughly explicating relevant international conventions, national arbitration statutes, and institutional arbitration rules. International commercial arbitration is the single most important means to resolve cross-border commercial disputes in today’s flat world economy. This course provides students with the fundamental legal and jurisdictional underpinnings of the international commercial arbitration system of dispute resolution, the procedural mechanisms for conducting international commercial arbitrations, the domestic judicial tools to compel parties to arbitrate commercial disputes rather than proceed in domestic courts, and the enforcement of international commercial arbitration awards in domestic courts. This course also provides students with an introduction to the comparative law aspects of international commercial arbitration both for the procedural and the substantive matters in dispute.

Program

MBA

Objectives

  • This course will focus on a variety of topics relating to international trade and provide students with a working knowledge of the fundamentals of the field of international commercial arbitration. By the end of this course, each student should be able to: • Aware of the generalities of international law to acquire a feel for its culture to focus on. • Identify the theory behind the international private law community, its institutions, and the statutes and agreements which codify portions of law will be discussed. • Understand the law surrounding the procedural aspects of international commercial arbitration to bring it to attention. • Understand this area of law that provides students with a broad survey of how numerous international treaties, domestic substantive laws, domestic procedural laws, and the private procedural rules of various arbitration institutions impact the legitimacy, recognition, and enforceability of an arbitration panel’s exercise of jurisdiction, its attempt to impose provisional remedies, and its awards. • Acquire an understanding of contemporary domestic and international arbitration and have a general awareness of current events and developments affecting its use and practice.

Textbook

To be determined by the lecturer at the beginning of the course.

Course Content

content serial Description
11. Private vs. Public Dispute Resolution 2. “Arbitration” Distinguished From Other Forms of Private Dispute Resolution
23. Pros and Cons of Arbitration in Consumer and Employment Contracts 4. Proper Scope of Arbitration in Light of Historical Context and Current Public Policy
35. Possible Reforms of the Federal Arbitration Act
46. Procedural Reforms and Roles of Arbitration Institutions and their Rules
57. Domestic vs. International dispute resolution, and importance of cultural

Markets and Career

  • Generation, transmission, distribution and utilization of electrical power for public and private sectors to secure both continuous and emergency demands.
  • Electrical power feeding for civil and military marine and aviation utilities.
  • Electrical works in construction engineering.

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