Course Info
An advanced course covering the current status of arbitration as a dispute settlement mechanism in international affairs. This course will cover the use of arbitration as a means of resolving international disputes: a) between private parties; b) between private and governmental parties; and c) between governments. It will cover possible forums and rules of arbitral dispute resolution and the problems of the enforcement of foreign arbitral awards. Special aspects of dispute resolution in certain geographical and subject areas will be covered as will be the problem of sovereign immunity. Disputes arising from multinational business transactions will be focused on as will be maritime, environmental, and border disputes.
Instructor
Prof. Stephen Anway is co-head of Investment Arbitration, a partner in Squire Patton Boggs' world-ranked International Dispute Resolution Practice Group and a member of their Global Board. He is an Adjunct Professor of Law in the international law department at Case Western Reserve University School of Law – ranked one of the top 10 international law programs in the US – where he teaches a full 13-week doctrinal course every year on international arbitration. Stephen is also the General Editor of the Global Arbitration Review’s “UCIA – Universal Citation in International Arbitration.”
Instructor
Prof. Douglas Pilawa is an associate in the International Dispute Resolution Practice Group. He serves as counsel in both international commercial arbitrations and international investment treaty arbitrations. Douglas acts in disputes in a wide range of sectors, including construction, aerospace, telecoms and energy. He recently represented several LNG gas buyers in price review arbitrations under long-term, take-or-pay contracts. He is an Adjunct Professor of Law at Case Western Reserve University.
Syllabus
The syllabus for your course is available on Canvas.
Textbook
** No Text Required **
Study Aids
These study aids are available online. Please click the hyperlinked title to view them. For instructions on how to use the specific platforms, including troubleshooting, please view Andy Dorchak's Study Aids Research Guide.
Arbitration Law in a Nutshell by ISBN: 9781684678327Publication Date: 2020-11-19Available via West Academic Study Aids.
Examples and Explanations for Dispute Resolution by ISBN: 9781543816747Publication Date: 2019-10-16Available via Aspen Learning Library.
International Litigation and Arbitration by ISBN: 9781685610289Publication Date: 2022-03-28Available via West Academic Study Aids.
Principles of Arbitration Law by ISBN: 9781636593555Publication Date: 2023-03-29Available via West Academic Study Aids.
Skills and Values: Alternative Dispute Resolution by ISBN: 9781531022938Publication Date: 2021-08-01Available via the LexisNexis Digital Library
Transnational Litigation in a Nutshell by ISBN: 9781683286547Publication Date: 2021-01-15Available via West Academic Study Aids.
Understanding Alternative Dispute Resolution by ISBN: 9780327183273Publication Date: 2020Available via LexisNexis Digital Library.
Research Databases
- Kluwer Arbitration
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This is the best starting point for international (commercial) arbitration research, providing an extensive collection of primary source materials and expert secondary sources. Includes: ICC cases & awards; commentary from the ICAA; bilateral investment treaties (BITs), conventions, legislation, rules, & models. Also provides comprehensive list of important websites for this topic.
