Fall 2020
5221 International Commercial Arbitration - DIMITROFF/RUSSELL- 18796

Professor(s): Sashe Dimitroff (ADJUNCT)
William Russell (ADJUNCT)

Credits: 2

Course Areas: International Law 
Energy, Natural Resources and Environmental Law

Time: 5:30p-7:30p  TH  Location:  

Course Outline: Winston Churchill said that democracy is the worst form of government, except for all the rest. For international commercial transactions, international arbitration is the worst form of dispute resolution, except for all the rest. Supported by an international treaty signed by more than 140 nations, international arbitration has become the prevailing method of resolving international commercial disputes. And international transactions have become increasingly common in the global economy,the daily volume of international trade today across national borders exceeds the total volume of international trade through the end of the nineteenth century!

This is a comprehensive course covering all stages of the international arbitral process, from the drafting of the arbitration clause to the enforcement of the arbitral award. It should be of value both to students who plan to develop a transactional practice as well as those planning to become trial lawyers.

This will be a highly interactive course. In addition to relevant written material, the course will also feature videotaped scenes from mock arbitrations that the Institute for Transnational Arbitration generated at its Annual Arbitration Workshops. Consisting of mock scenarios, and performed by some of the world's leading international arbitrators and counsel, the videotapes vividly demonstrate the major phases of an international arbitration. Students will be assigned roles as counsel and as arbitrators and will either argue (in the case of counsel) or deliberate (in the case of arbitrators) various issues presented in the hypothetical scenarios.

The course will begin with preliminary considerations bearing on the selection of the international arbitral process. The course will then address the five stages of the international arbitral process:

Stage I. The making and enforcement of the arbitration agreement.

Stage II. The selection and appointment of the arbitral tribunal.

Stage III. Preliminary proceedings, including procedural orders and interim relief.

Stage IV. The evidentiary hearing on the merits.

Stage V. The making and enforcement of the arbitral award.

Ben H. Sheppard, Jr. is a Distinguished Lecturer and Director of the A.A. White Dispute Resolution Center. Prior to his retirement, he was a partner at Vinson & Elkins L.L.P. in Houston, where he practiced from 1969-2005, and was co-chair of the firm's international dispute resolution practice.

Course Syllabus: Syllabus revised 8/31/2020

Course Notes: DistanceEd  The instructor for this course has expressed a preference to operate the course as distance education. This means no physical classroom is assigned for this course. This also most likely means synchronous internet videoconferencing class sessions during the day(s) and time(s) when the course is scheduled to meet. However, other, more flexible modalities are possible, such as not using some of the scheduled class sessions to meet but instead supplementing with asynchronous distance education techniques. More details should be made available from the instructor via their syllabus or via other means as the start of the semester nears.



First Day Assignments:

Final Exam Schedule: 12/10 6-8pm      

This course will have:

Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: No

Bar Course: No

DistanceEd ABA 306:

Pass-Fail Student Election: Available

Course Materials (7/12/2020 3:15:01 PM)

No book required for this course