Western Law

5834C 001 International Commercial Arbitration (ST)

This course satisfies Module 4 for the Area of Concentration: Business Law.
Instructor(s)Werbicki, Raymond
Essay RequirementNo, this course will not satisfy the Faculty of Law essay requirement
Pre/Co-requisitenone , but courses in Contract Law, Commercial Law, Civil Litigation and Conflicts of Law will provide useful background.
Enrollment Restriction25
Instruction Lectures, class discussion and student presentations.
Assessment 20% class participation.

50% written submission to a mock arbitral tribunal (commonly known in practice as a "Memorial" or "Skeleton Argument") of not more than 20 pages.

30% oral presentation of the written submission to a mock arbitral tribunal.

Materials Redfern & Hunter on International Arbitration (5th Edition, student version, Oxford University Press, 2009)

A selection of recent cases of the Canadian, American and United Kingdom Supreme Courts.

Library MaterialsClick here for Library Materials for this Course
Description An overview of the law and practice of international commercial arbitration, from the agreement to arbitrate through appointment of arbitrators, conduct of arbitral proceedings and enforcement of arbitral awards under international treaties such as the New York Convention 1958 and the Washington Convention 1965.

The course will explore:

  1. how and why businesses and sovereign states choose to arbitrate rather than litigate international commercial disputes;
  2. perceived advantages and disadvantages of international arbitration when compared to national litigation;
  3. the application of national laws to international arbitration;
  4. relationships between national courts and arbitral tribunals;
  5. how arbitral tribunals are appointed and how their proceedings are conducted;
  6. arbitration under multi-lateral trade agreements such as NAFTA;
  7. arbitration under bilateral investment treaties between sovereign states;
  8. the importance of arbitration to international investment;
  9. how rights to arbitration and awards of arbitral tribunals can be enforced against business entities and sovereign states across national borders.