International Dispute Resolution

Description:

This course explores the different methods available for resolving international disputes. At the outset the course examines various ways in which U.S. civil litigation changes when there is an international element involved, covering such issues as personal jurisdiction, sovereign immunity, and taking discovery from foreign parties and witnesses. The focus then turns to international arbitration, covering both commercial and treaty-based proceedings. Consideration is given to the legal, strategic and practical issues that arise at each stage of the arbitration, including drafting the request for arbitration, selecting the arbitrators, taking discovery, preparing written submissions, and offering testimony and argument at arbitral hearings. The course also covers the international enforcement of court judgments and arbitral awards. The relative advantages and disadvantages of each type of dispute resolution are also discussed, with a view toward drafting contracts and advance planning.

The American Bar Association accreditation standards require students to regularly attend the courses in which they are registered. Lewis & Clark expects students to attend classes regularly and to prepare for classes conscientiously. Specific attendance requirements may vary from course to course. Any attendance guidelines for a given class must be provided to students in a syllabus or other written document at the start of the semester. Sanctions (e.g., required withdrawal from the course, grade adjustment, and/or a failing grade) will be imposed for poor attendance.