Course title

International Arbitration 1 (theory)

Instructor

James Claxton

Lecture categoryCredit(s)2nd semester

2

Theme and Objectives
This course introduces students to the practice of international arbitration and advocacy in arbitral proceedings.
Students act as lawyers in successive steps in a mock case and thereby gain practical experience with arbitration
procedure, written advocacy, and oral advocacy. Prior coursework in international arbitration is useful but notnecessary.
By the end of the course, students should have a good understanding both of international arbitration procedureand the work of international arbitration lawyers.

Description and Schedule
There will be 2 lectures a week totalling 15 lectures over the term. Class sessions will be devoted to explaining thefundamentals of international arbitration and to experiential exercises that simulate the daily work of lawyers
representing clients in this area.
The following list identifies the main subjects covered in class discussions:- Planning for disputes in international commercial transactions- The history of international arbitration- The political and legal functions of international arbitration- Support for international arbitration by courts, laws, and rules- Selecting and designing an arbitral regime- Choosing and challenging arbitrators- Effective oral advocacy- Effective written advocacy- Collecting and using evidence in arbitral proceedings- Legal research in international arbitration- Enforcement of arbitral awards- Ethics in international arbitration
Students perform the following tasks in a series of role-play exercises:- Advise a client about dispute resolution alternatives- Advise a client about arbitral procedure- Advise a client about the applicable law and the choice of arbitrator- Cross-examine a witness at a hearing- Make legal and factual arguments at a hearing
Students will perform the following written tasks:- Request documents from opposing counsel- Oppose a request for documents from opposing counsel- Draft a written brief on legal and factual aspects of a case

Evaluation
The students will be assessed as follows:
Class participation
Advise client on dispute resolution alternatives
10%
Advise client on arbitrator selection and challenge
10%
Advise client on settlement and procedure
Document request and response
Written memorials
Hearing on the merits
Final examination

25%

5%20%
10%10%10%

Information Regarding Preparation, Review and Related Subjects

Office Hour and Contact Information
Contact details and office hours will be announed at the first session.

Message
This course is exceptional for its emphasis on the daily work of lawyers representing clients in international
arbitration cases. Students will do what lawyers do over the course of the term: advise clients, choose arbitrators,
file requests, file written pleadings, cross-examine witnesses, and plead at a hearing. Leading practitioners ininternational arbitration will participate in the class, giving students the chance to meet and learn from various
experienced counsel. This is a dynamic,interactive course that is intended to improve the students oral andwritten advocacy skills while giving them a taste of the practice of international commercial arbitration.

Improvements in Teaching

Textbook
The course textbooks and other materials will be made available to students in electronic format. Students may
wish to purchase the the first title (International Commercial Arbitration) for ease of reference. Students should
print the course materials used in class exercises.
International Commercial Arbitration: An Asia-Pacific Perspective / Simon Greenberg, Christopher Kee, andRomesh Weeramantry : Cambridge University Press ,2011 ,ISBN:Art of Advocacy in International Arbitration (2nd ed.) / Doak Bishop and Edward Kehoe : Juris ,2010 ,ISBN:

Reference Materials

Classroom Language
All lectures and exercises will be conducted in English.

Keywords"international arbitration ; international commercial arbitration ; "investment arbitration"; "international
investment arbitration"; "investment law"; commercial international arbitration ; advocacy ; arbitral ;mock ; moot