International Arbitration Compressed Course Joan Stearns Johnsen Phone: 617-549-0742 E-mail: johnsen@law.ufl.edu Course to be held in Miami Thursday, August 22, 9:30-4:30 Friday, August 23, 9:30-4:30 Saturday, August 24, 9:00-12:00 Shook, Hardy & Bacon Citigroup Center 201 S Biscayne Blvd., Suite 3200 Miami, FL 33131 Class Syllabus and Policies Required Course Materials: There will be no required text to purchase There are readings available through the Library’s data base or online You will be expected to have completed all assigned readings in advance of the first class Description and Goals of the Course: This compressed course is a one credit hour Please note that ABA Standard 310 requires that students devote 120 minutes to out-of-class preparation for every “classroom hour” of in class instruction Accordingly, it is expected that you will spend at least 28 hours of out of class reading, preparation, and other assignments Please plan to work on this course Friday evening following the 4:30 dismissal to prepare for your mock arbitration on Saturday This is required It is part of your out of class preparation time Arbitration is a binding method of dispute resolution arrived at contractually Arbitration is used in various contexts and in various forms to resolve an equally diverse variety of disputes such as, for example, domestic business to business commercial disputes, cross border commercial disputes, investor/State disputes, consumer disputes, construction disputes, franchisee/franchisor disputes, labor disputes, employment disputes, antitrust class action disputes, and securities disputes Arbitration, as a dispute resolution option, continues to grow in importance and popularity This course is an introduction to the process of arbitration as well as to the specific area of international arbitration as used in cross-border commercial disputes You will be introduced to some of the skills used in conducting and managing an arbitration such as drafting a dispute resolution clause, selecting a panel, preparing for and conducting the pre-hearing conference, managing and conducting the arbitration hearing, and understanding deliberations and the drafting of an arbitration award This course will also introduce you to the legal scheme of international arbitration including a discussion of the most significant treaties and conventions, arbitration laws and rules, cases, and private international law Final Mock Arbitration: We will devote our final class on Saturday morning, August 24, 2019, to a mock arbitration This class is required and attendance is mandatory if you are to receive credit for the course Grading: Grading is Pass/Fail You will be required to attend the final mock arbitration and to complete an 6-8 page paper to receive credit for the course Topics will be discussed at the conclusion of the class on Saturday Class Schedule: Class will meet in Miami, Florida on Thursday and Friday, August 22 and 23 from 9:30 until 4:30 We will have a one hour break each day for lunch Because our lunch break will be limited to one hour—and we will reconvene promptly, you may want to bring your own lunch to save time Our mock arbitration will take place on Saturday morning from 9-12 or until finished UF Student Honor Code: Academic honesty and integrity are fundamental values of the University community Students should be sure that they understand the UF Student Honor Code at http://www.dso.ufl.edu/students.php Accommodations: Students with disabilities requesting accommodations should first register with the Disability Resource Center (352-392-8565, www.dso.ufl.edu/drc/) by providing appropriate documentation Once registered, students will receive accommodation Students with disabilities should follow this procedure as early as possible in the semester Attendance: This is a one credit course taught over two and one half days You must attend the entire course or you will not be eligible for any credit In case of illness or emergency, unfortunately you will not receive any credit There are no excused absences for this course Canvas: Please check Canvas regularly for readings If you have difficulty accessing or working with Canvas, please let me know as soon as possible Student Evaluations: Students are expected to provide professional and respectful feedback on the quality of instruction in this course by completing course evaluations online via GatorEvals Guidance on how to give feedback in a professional and respectful manner is available at https://gatorevals.aa.ufl.edu/students/ Students will be notified when the evaluation period opens, and can complete evaluations through the email they receive from GatorEvals, in their Canvas course menu under GatorEvals, or via https://ufl.bluera.com/ufl/ Summaries of course evaluation results are available to students at https://gatorevals.aa.ufl.edu/public-results/ Assignments and Agenda Please review and be familiar with the following All of these are available online at no cost New York Convention on the Enforcement of Foreign Arbitral Awards (1958) (the “New York Convention”) ICC Rules of Arbitration (2017) ICDR Rules of Arbitration (2014) UNCITRAL Model Arbitration Rules (2013) UNCITRAL Model Arbitration Law (1985 with amendments adopted in 2006) IBA Rules on the Taking of Evidence in International Arbitration (2010) Federal Arbitration Act, USC §§ 1-16 Please also read Available on the Wolters Kluwer Database, available at no cost from our Library Redfern & Hunter On International Arbitration (Sixth Ed Blackaby, Partasides, et al 2015) Chapter 1, An Overview of International Arbitration Chapter 2, Powers, Duties, and Jurisdiction of an Arbitral Tribunal Chapter 3, Conduct of the Proceedings AGENDA1 Thursday Agenda 9:30-10:20 Introduction to International Commercial Arbitration What is Arbitration and how is it different as a conflict resolution process from Court? What are the advantages and disadvantages of arbitration? What differences exist between International and Domestic Commercial Arbitration? What is meant by the term Commercial? What is sorts of disputes are resolved in International Commercial Arbitration? Who are the likely parties in International Commercial Arbitration? 10:30-11:20 Generally: Sources of Law, Rules, Process in International Arbitration Law of the Seat Law of the Place Arbitration Rules New York Convention Soft Law 11:30-12:20 Understanding and Drafting Dispute Resolution Clauses: Administered/ Institutional vs Ad Hoc Arbitrability and Jurisdiction What are the sources of Arbitration Law Document Production Law of the Seat Law of the Place Arbitration Rules New York Convention Pathological Clauses 12:20-1:30 Lunch 1:30-2:20 Arbitration Panels: Please Note: We may not have time to cover all of the listed topics during our compressed course time Qualifications of an Arbitrator Powers of the Panel Kompetenz/Kompetenz Conflicts and Disclosures Challenges to Arbitrators Ethics 2:30-3:20 Special Issues in International Arbitration Translation/Interpretation Advocacy Style Civil Law/Common Law 3:30-4:10 Careers in International Arbitration Building a Career 4:10-4:20 Concluding Remarks Discussion of Day 2, Homework Assignment (to be distributed in class): Draft a Dispute Resolution Clause in a Cross Border Transaction Friday Agenda 11:30-12:20 Special Issues in International Arbitration Debrief of Assignment 10:00-11:20 Timeline of an Arbitration Laura Commencing an Arbitration Selection of the Panel Pre-Hearing Document Production Motion Practice in International Arbitration Pre-Hearing Submissions Conducting Hearing in International Arbitration Taking of Testimony Introduction of Exhibits Use of Experts Deliberations and the Award 12:20-1:30 Lunch 1:30-3:00 Pre-Hearing Conference 3:00-3:20 Conducting a Cross in International Arbitration 3:30-4:20 Concluding Remarks and Preparation for Mock Arbitration Saturday Agenda 9:30-12:00 Mock Arbitration