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LAW 5681: Practice of International Litigation & Arbitration - 2234

Practice of International Litigation & Arbitration
Class Term:
Spring Term 2022-2023
Catalog Number:
5681
Professor(s):

Professor

Charles Kotuby, Jr., FCIArb
Type:
Simulation Course
Credits:
3 (3 Contact, 0 Field)
Graduation Requirements:
International / Comparative
Experiential Learning
Priority:
General Enrollment Course
Full Year Course:
No
Category:
Standard Courses

Grading Details

This course contains five different simulations to explore different facets of cross-border dispute resolution.  The assessment of each simulation is weighed in the following manner:

  • Simulation #1: Strategic advice to a Client – 10%
  • Simulation #2: Simulation of discovery in arbitration and before a U.S. Court – 15%
  • Simulation #3: Simulation of an International Mediation – 15%
  • Simulation #4: Writing an Arbitration Memorial – 30%
  • Simulation #5: Oral Advocacy in International Arbitration – 30%

      Each one of these simulations is generally evaluated on several aspects including: (1) preparation and substantive work product prepared for the simulation; (2) counseling, advocacy, or other in-class activity directly related to the simulation. It is also our policy to note which students make regular and meaningful contributions to class discussions, particularly during course lectures. For those students who make regular and useful contributions in-class, we reserve the right to raise a grade by one point (i.e., B+ to A-).

Description

There has been a dramatic rise in complex global disputes, often between private parties and sovereign states.  These cases carry significant political, economic, and legal consequences, and the legal regime governing these disputes is both complicated and underdeveloped.  This reality create both pitfalls and strategic opportunities for creative counsel.  This course provides students a unique opportunity to explore the evolving area of cross-border disputes, while obtaining substantial stand-up advocacy experience that translates to any dispute-resolution setting.  Based upon a realistic simulation of a cross-border dispute between a U.S. company and a foreign state-owned entity, students will prepare submissions that they will then argue to mock panels comprised of prominent arbitrators, corporate counsel and leading practitioners.  Reflecting the reality of global disputes, roughly 30% of the class is dedicated to transnational litigation, 50% is dedicated to international arbitration, and 20% focuses on mediation.  Students will leave with first-hand experience in the substantive and procedural aspects of international litigation and arbitration, with the additional overlay of complex and delicate facts involving foreign sovereigns. The focus of the course is on practical skills and strategic considerations, and the lectures are designed to provide sufficient context and background to make the simulations accessible for students with little prior exposure to this area of law.  In this way, the course is as useful to student who might be taking the course to primarily to hone their advocacy skills as it is for those students with a background and interest in international disputes and international law. 

Practice of International Litigation & Arbitration