ALTERNATIVE DISPUTE RESOLUTION: A COMPARATIVE STUDY

Study Abroad Program of Cumberland School of Law and South Texas College of Law
University of Durham--Collingwood College
Summer 1999 Course Syllabus
Professor Strickland

COURSE MATERIALS AND ASSIGNMENTS

The materials for this course are:

The assignments for the course are set forth below. The course materials are referred to by the following abbreviations: “CB” (the Varady casebook), “Doc.” (the Documents Supplement), and “Supp.” (the supplementary materials reproduced from the Riskin text). The dates designating which material will be covered on specific days, however, are just guidelines. The amount of material that we will actually cover in any given class session will vary. I will update the assignment for each successive class at the conclusion of the prior class.

Every student should read the specified material prior to class and be prepared to discuss it in class. Unless otherwise noted, all material should be prepared for class discussion. Students are responsible for all the assigned material and all matters covered in class for exam purposes.

During our study of international arbitration, we will consider the arbitration statutes of several countries and the arbitration rules used by several arbitration institutions. To facilitate our study of these statutes and rules, the class will be divided into four groups. Each group will have primary responsibility to read and report to the class regarding an assigned arbitration statute (or statutes) and an assigned set of arbitration rules. The arbitration rules are first assigned for the July 12 class and the statutes are first assigned for the July 13 class. As we proceed with our study of international arbitration, students will be expected to refer back to “their” statute and rules and report to the class how these documents address the issues under discussion in each class. The statutes and rules will be assigned as follows:

Group 1

Group 2

Group 3

Group 4

GRADING, CLASS PARTICIPATION, AND ATTENDANCE

Grades will be determined by a final exam given at the end of the semester. The exam will be primarily (at least half) in a traditional law school essay format (i.e. based on a hypothetical fact situation). More specific description of the format will be provided nearer the date of the exam.

Preparation for and participation in class are required. If you are not prepared for a class, you should give the instructor a note before class. The note should contain your name and state that you are not prepared to discuss the material. Excessive use of unprepared notices will require individual consultation; and excessive use of this privilege by the class as a whole will result in withdrawal of the privilege.

As a general rule, class performance can help your grade but cannot hurt it. Class performance generally will not decrease your grade unless you are clearly unprepared when called on (and failed to give the instructor prior notice of that fact).


ASSIGNMENTS

Week 1 Non-Binding Processes: Negotiation, Mediation, and Hybrid Processes
July 5 Overview of ADR Processes Supp. 1-11 & CB 2-8
  Negotiation Theory and Strategy Supp. 12-25
July 6 The Negotiation Process: Strategy and Tactics Supp. 26-54 & Negotiation Exercise Mat’l
July 7 The Mediation Process CB 9-16 & Supp. 70-83
July 8 The Varied Approaches to Mediation Supp. 55-69
  Hybrid Processes: The Mini-Trial Doc. 271-74
   
Week 2 International Arbitration: Introduction, Institutional Administration, and Governmental Regulation
July 12 Introduction to International Arbitration CB 23-27
  Sources of Relevant Norms in Arbitration CB 61-66
  Institutional versus Ad Hoc Arbitration DB 27-35
  Scan One of the Following as Assigned:  
    ICC 1998 Arbitration Rules Doc. 34-49
    UNCITRAL Arbitration Rules Doc. 34-49
    1998 Rules of the London Court of Int’l Arbitration Doc. 223-43
    AAA Int’l Arbitration Rules of 1998 Doc. 210-23
July 13 History of Arbitration in the Legal System CB 40-61
    L’Alliance (France 1843)  
    Kulukundis Shipping Co. (2d Cir. 1942)  
  The Arbitration Agreement: Modern Recognition and Enforcement CB 83-89
  United States Arbitration Act of 1925 Doc. 69-74
  Scan One or More of the Following as Assigned:  
    French Arbitration Legislation of 1981 Doc. 77-80
    Swiss Private International Law Act of 1987 Doc. 80-84
    English Arbitration Act of 1996 Doc. 84-125
    UNCITRAL Model Law Doc. 21-34
    German Arbitration Legislation of 1998 Doc. 144-60
July 14 New York Convention of 1958 Doc. 1-6
  Enforcing Arbitration Agreements CB 89-96 & 109-40
    Tennessee Imports (M.D.Tenn. 1990)  
    Texaco Overseas (Arbt.Award 1975)  
    Sojuznefteexport (Bermuda 1990)  
July 15 Arbitrability: Interpreting the Arbitration Clause CB 180-85
    Mediterranean Enterprises (9th Cir. 1983)  
  State-Imposed Limits on Arbitrability CB 219-48
    Fincantieri-Cantieri (Italy 1994)  
    Mitsubishi (1985)  
  Law Applicable to Arbitrability CB 262-66
    M.S.A. (Belgium 1985)  
   
Week 3 International Arbitration: Arbitrators, Process and Procedures, Choice of Law, and Arbitration Awards
July 19 Qualifications, Rights, and Responsibilities of Arbitrators CB 267-70 & 282-88
  Procedures for Appointing Arbitrators CB 343-53
  Challenges to Arbitrators CB 378-87
July 20 Arbitration Process: The Importance of the Lex Arbitri CB 403-17
    Union of India (Queen’s Bench 1993)  
  Arbitration Procedures  
    UNCITRAL Notes on Organizing Arbitral Proceedings Scan Doc. 49 & 56-68
  Evidentiary Rules CB 420-21 & 422n.10-423
July 21 Choice of Law in Arbitration CB 527-40
  Choice of Law Clauses CB 540-49
    Union of India (Queen’s Bench 1992)  
    ICC Arbt’n Award (1988)  
  Role of Lex Mercatoria CB 552-54
    Norsolor S.A. (France 1981)  
July 22 Choice of Law in the Absence of Party Choice CB 554-62
    ICC Arbt’n Award (1990)  
  The Problem of Mandatory Law CB 562-85
    ICC Arbt’n Award (1990)  
July 23 The Arbitration Award: Form and Content CB 499
  Deposit, Authentication, & Certification of the Award CB 521-24
  Enforcing the Award CB 586-89
  Judicial Control: Setting Aside Arbitral Awards CB 623-37 & 649-58
    Int’l Standard Elect. Co. (SDNY 1990)  
    Croatian Co. v. Swiss Co. (Croatia 1986)  
   
Week 4 Conclusion
July 26 Judicial Control: Setting Aside Arbitral Awards on Grounds of Public Policy,
Fraud, and Partiality
CB 659-64 & 665-75
    Spector (SDNY 1994)  
    European Gas Turbines S.A. (France 1993)  

Copyright 2005 Henry C. Strickland. Teachers are free to copy these materials for educational use in their courses only, provided that appropriate acknowledgment of the author is made. For permission to use these materials for any other purpose, contact the author.