International Commercial Arbitration Law and Advocacy
International commercial arbitration is the single most important means to resolve cross-border commercial disputes in international commerce. In this course, students learn the advocacy skills and procedures common to international commercial arbitrations. International commercial arbitration advocacy melds advocacy skills from both the civil and common law systems. Starting from a set of general counsel instructions and a set of documents, students will develop the case theory, a detailed factual record, prepare appropriate arbitration pleadings, select arbitrators, engage in pre-hearing disclosure practice, prepare witness statements and expert reports, and prepare other pre-hearing documents typically submitted in international arbitrations under the ICC Rules of Arbitration. Students will also learn oral advocacy skills appropriate for international arbitration, including motion practice, opening statements, direct and cross-examination of lay and expert witnesses, and closing argument. Students will participate in a mock hearing on the merits of the dispute. Students will operate as teams to prepare and present their cases. Depending on availability, students or friends will act as witnesses for the final merits hearing. Students will be graded on team written work product and individual performances at the final mock merits hearing. This course also provides a survey of the principles and law of international commercial arbitration, including the legal foundation for international arbitration, mandatory procedural law, arbitration rule sets and international soft law applicable to the conduct of international arbitrations, interaction between international arbitral tribunals and domestic courts, and the various legal issues that arise in the recognition and enforcement of international arbitration agreements and the resulting arbitral awards.