International Commercial ArbitrationClass Term:
Fall Term 2022-2023Catalog Number:
3 (3 Contact, 0 Field)Graduation Requirements:
International / Comparative
General Enrollment CourseFull Year Course:
Grading will be based on the following: For students who have not been on a Vis Moot team in the past, the course grade will be determined as follows: class participation (10%); student paper on an issue in the Vis Moot problem (50%); student presentation of moot argument (35%); evaluation by student colleagues of the student's contribution to the joint project (5%). For students who have been on a Vis Moot team in the past, the course grade will be determined as follows: class participation (10%); preparation of a course syllabus for an International Commercial Arbitration course (50%); student contribution to the training of the Vis Moot team (35%); evaluation by student colleagues of the student's contribution to the joint project (5%).
This course will begin with coverage of basic aspects of the law of international commercial arbitration, including arbitral jurisdiction, arbitration procedure, choice of law, and enforcement of awards. This will include coverage of the New York Arbitration Convention and the U.S. Federal Arbitration Act, along with a focus on the UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules. In order to provide a practical context for consideration of arbitration law and policy, we will work with the problem for the Vis International Arbitration Moot that will become available the first week of October. After a review of the problem, we will catalogue the major issues and each student will be assigned a topic from that list for his or her course paper. We will work through all of the arbitration procedure issues as a class, using the contributions of each student to build the arguments and analysis for each side in the Vis problem. We will also cover the basic substantive law issues raised under the United Nations Convention on Contracts for the International Sale of Goods (CISG). Each student will also be assigned a position to be presented in a mock arbitration at the end of the semester, using the Vis problem studied during the semester. The Pitt Law Vis Moot team for the following year may be selected at the end of the semester from the J.D. students in the course, consistent with announcements made prior to the beginning of the semester.