This course introduces students to the key aspects of the law and practice of (primarily) domestic commercial arbitration. Arbitration has become a common alternative to civil litigation where there is a preexisting contractual relationship and a desire by the parties to control the dispute resolution process if disagreements arise in the course of that relationship. Among other things, the course considers issues relating to the formation of arbitration agreements and their enforcement; the relationship between parties and arbitral institutions; the arbitration process, including the selection of arbitrators and the conduct of arbitral proceedings; and the relationship between arbitral proceedings and the courts. The consideration of these issues will illuminate the actual practice of commercial arbitration, arbitration procedure and strategy, and the practical benefits (and disadvantages) of arbitration. Policy issues surrounding the use and effectuation of imposed arbitration processes are explored. Each student will be able to observe at least one full day of an actual commercial arbitration during the course of the term. It may be possible to observe other pre-hearing aspects of an arbitration (e.g., preliminary conferences and motion proceedings).
