International Arbitration in Practice (Yeum)
Additional Information
Experiential CourseYes
Skills Training
Oral Presentations
Team Projects
Drafting Legal Documents
Other Professional Skills:
Grading
50% Participation,
50% Paper
Yes
Class meets in person.
Meeting Times/Location
R 4:30PM - 6:29PM
Tanenbaum Hall 145
Category
Upper-Level
Credits
2.0
Prof. June Yeum
Arbitration dates back to at least the days of Plato, but in recent years, globalization and cross-border trade have made it the standard method for resolving complex disputes in international commerce. International arbitration is widely used today by corporations for its perceived neutrality, for the benefits of party autonomy, and for its enforceability. Some 169 countries are now parties to the New York Convention, pursuant to which they recognize and enforce each others’ arbitral awards, subject only to narrow exceptions.
This course will teach students “how to” be an international commercial arbitration practitioner. Emphasis will be less on abstract legal theory and more on putting arbitration into practice through real-world factual scenarios. In this experiential seminar, students themselves will conduct simulations of all major aspects of international arbitration and attendant proceedings. In each session, students will role-play from the perspectives of distinct stakeholders in the arbitral process (e.g., in-house counsel, external counsel, arbitral institution representatives, and arbitrators). Topics to be addressed in this seminar will include: preparation and negotiation of arbitration clauses; pre-arbitration steps such as mediation and emergency relief; commencement of the arbitration; arbitrator nomination/appointment and challenge; contract interpretation under different legal traditions; written submissions and oral advocacy; fact finding and preparation of witness statements; conduct of the merits hearing; enforcement challenges; and ethical and professional challenges germane to the arbitration process.
This course will be taught by June Yeum, a seasoned arbitrator and partner at Pillsbury Winthrop in New York. One or two sessions will feature additional senior international arbitration practitioners as guest lecturers. In preparation for each week’s session, students will review case modules drawn from actual arbitration cases and play the role of different stakeholders. Students will be graded one-half based on class participation and short written assignments given from time to time, and one-half based on a final research paper of 15-20 pages on a topic selected by the student.
Prior exposure to international commercial arbitration is not required.
Business and Corporate Law Learning outcomes: Demonstrate a core understanding of business and corporate law; Perform legal analysis in the context of business and corporate law; Communicate effectively on topics related to business and corporate law; Demonstrate an understanding of the interconnection between the world of business and finance and that of business and corporate law, and how they affect other areas of law and society.
Skills Learning outcomes: Demonstrate an understanding of the individual course skill; Demonstrate the ability to receive and implement feedback; Demonstrate an understanding of how and when the individual course skill is employed in practice.
International and Comparative Law Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.