LAW-9120 Resolution of Private International Disputes
With globalization extending all manner of economic and social activity across national borders, there is greater likelihood today than ever before that these activities will involve more persons, organizations and other points of contact in multiple countries. There is also an increasing likelihood that international commercial disputes - implicating parties and commercial activities in more than one jurisdiction - may give rise to litigation and/or arbitration in multiple fora concerning the same or related subjects of contention. This course explores key legal issues that arise in resolving transnational disputes, with emphasis on US law and references to relevant international treaties and international law. Throughout the course, we will consider complex adjudicatory problems in the contexts of transnational litigation and international commercial arbitration. Arbitration is a private means of dispute resolution where the parties agree to be bound by the decision of an arbitrator of their choice, whose decision in a final award has the same legal force as a court judgment. The arbitration field is an exciting and growing area of practice. As global trade continues to grow year-on-year and its demography extends to encompass diverse regions of the globe, the reliance on arbitration for the settlement of disputes will likewise increase - as new participants seeking fair, reliable, and practical dispute resolution alternatives are introduced to its international legal framework and the associated practice disciplines. Whether one views globalization as a positive force of economic and social change or a negative consequence of freer international trade, the demands on international dispute resolution accompanying these transformational times will intensify. 28 Feb 2023 1:20 PM