This seminar will be taught in French. Readings will be in both French and English, and students will be encouraged, but not required, to speak French in class. Students may take the seminar on a Pass-Fail basis, in accordance with Law School rules on this option, and still get writing credit. Attention will be paid to easing language difficulties and students with an interest in improving their French skills are encouraged to register.
We will study the basic tenets and principal treaties of international commercial arbitration. The course also will address from a comparative perspective some national laws of international arbitration, generally focusing principally on those of France, but also, to the extent time permits, those of other countries, including the United States. Recent scholarship suggests that important national differences remain influential in a field that many interpret as a-national. The seminar addresses institutional arbitration under the rules of the Paris ICC.