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James R. Ferguson : Courses and Seminars

Arbitration in the United States
LAWS 96404
This seminar focuses on arbitration in the U.S. as a means of resolving both domestic and international commercial disputes. The seminar will explore the advantages and disadvantages of arbitration as compared to both mediation and litigation in the courts. The seminar will also address (among other topics) the nature and scope of arbitral jurisdiction; the nature of the arbitral process; the scope of discovery in domestic and international arbitrations; techniques of effective advocacy in arbitral hearings; the enforcement of domestic and international arbitral awards; and judicial review of arbitral proceedings. A major focus of the seminar will be a series of recent Supreme Court decisions in which the Court has limited the scope of judicial review of arbitral awards and clarified the ways in which arbitral agreements can limit liability (for example, by barring class actions). Finally, the seminar will examine international arbitration in the United States, including the U.S. enforcement of international awards and the conduct in the U.S. of arbitral proceedings involving foreign governments and private parties (“Investor-State” arbitrations).
Winter 2016
James R. Ferguson