This course offers a comprehensive examination of arbitration as a core mechanism of alternative dispute resolution (ADR), with a primary focus on U.S. domestic arbitration under the Federal Arbitration Act (FAA) and comparative analysis of international arbitration practices governed by the New York Convention and institutional rules (e.g., ICC, LCIA, AAA). Students will explore the legal, strategic, and procedural dimensions of arbitration as used in commercial, consumer, employment, construction, and investment disputes.
The course investigates key issues including arbitration agreements, enforceability, judicial review, arbitrator selection, procedural design, confidentiality, and the growing use—and scrutiny—of arbitration clauses. Particular emphasis is placed on the role of courts before, during, and after arbitration; public policy tensions; and the interplay between contract freedom and access to justice.
Course Objectives:
By the end of this course, students will be able to:
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Understand the legal framework governing arbitration in the United States and internationally.
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Draft and interpret arbitration clauses with attention to scope, seat, and procedural rules.
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Identify and evaluate issues of arbitrability, enforceability, and jurisdiction.
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Distinguish between different arbitral models and institutional regimes.
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Analyze judicial review of arbitral awards and limits under the FAA and international law.
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Critically assess the use of arbitration in consumer, employment, and investment contexts.
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Strategize procedural choices and anticipate enforcement challenges in cross-border disputes.
