Curriculum Guide · Courses

Professor Bermann

J.D. Course 1043 (cross-listed) | 1 credit hours

This intensive course takes a close look at international commercial arbitration in U.S. law, with special reference to the judicial/arbitral interface. At every major milestone in an arbitration, judicial recourse is a significant prospect -- from compelling arbitration or otherwise enforcing the agreement to arbitrate, to ensuring that a tribunal is properly composed and the arbitration takes off properly, to provisional relief over the course of the arbitration, to confirmation or vacatur of an international award made in the U.S., to recognition and enforcement of international awards made abroad (typically under the all-important New York and Panama Conventions).

The reading will consist of the basic statutory framework (federal and state), the Conventions, and of course the case law of the the U.S. courts (together with related materials from world-wide model laws, major foreign jurisdictions, and the rules of key international arbitral institutions).

The instructor is Chief Reporter of the American Law Institute's current "Restatement (Third) of the U.S. Law of International Commercial Arbitration." The course will draw generously from the Restatement, which is at this stage in mid-development.

Recommended: Civil Procedure.

WEEK ONE COURSE. This seminar will meet for one week only, on the following days: Monday, January 7, 2013, through Friday, January 11, 2013, 9:00 a.m. - 12:00 p.m. This course is mandatory pass/fail and will count toward the 7 credit pass/fail limit for J.D. students. Note: Attendance at all class sessions is mandatory and all enrolled students must attend the first class in order to remain enrolled. Students on the wait list must attend the first class in order to be admitted off the wait list. Enrolled students will have until Monday, January 7, 2013, 5:00 p.m. to drop this course.