July 24-26 and July 31 - August 2, 2014
Thursday and Friday 6:00 - 9:30 p.m.
Saturdays 8:30 a.m. - 4:30 p.m.
Today many business and employment disputes are resolved through out-of-court binding arbitration processes. This intensive, interactive course is designed to provide students with a practical grounding in counseling and advocacy skills required for state-of-the-art arbitration practice through problems and exercises simulating common arbitration scenarios in which students play the parts of lawyers, arbitrators, and parties. Students learn how to draft dispute resolution agreements for arbitration and how to advise clients on many different aspects of arbitration, including the suitability of arbitration as an alternative to negotiation, mediation or litigation. They also experience advocacy roles at all stages of arbitration, including the filing of an arbitration demand, the selection of arbitrators, planning for and conducting hearings, the publication of a final decision (award), and the enforcement or setting aside of an award. The course emphasizes modern commercial and employment arbitration in the u.S. but also includes references to international, consumer, securities and labor arbitration.
Thomas J. Stipanowich is the academic director of the Straus Institute and professor of law at Pepperdine University School of Law. Stipanowich brings a long and distinguished career as a scholar, teacher, and leader in the field along with wide-ranging experience as a commercial and construction mediator, arbitrator, federal court special master, and facilitator. From 2001 until mid-2006, he served as CEO of the International Institute for Conflict Prevention & Resolution (CPR Institute). The longtime William L. Matthews Professor of Law at the University of Kentucky, he has authored two of the leading books on commercial arbitration and many articles on ADR. Recently he coauthored a groundbreaking book and materials entitled Resolving Disputes: Theory, Practice, and Law (2005).
This course provides a comprehensive overview of international arbitration law and practice. Topics explored include the making and enforcement of arbitration agreements; the selection and appointment of the arbitral tribunal; preliminary proceedings, including procedural orders and interim relief; the arbitration hearing; and the making and enforcement of the arbitral award. Particular attention is paid to the enforcement of arbitration agreements and awards, the role of the New York Convention of the Recognition and Enforcement of Foreign Arbitral Awards and other treaties, and their interplay with national laws as a backdrop for private arbitration agreements.
Thomas Pfeiffer is Professor of law at Heidelberg University, Germany, and Director of this University's Institute for Comparative and Private International Law. Prior to moving to Heidelberg, he served as Professor of Law at Bielefeld University (1994-2002) and as Judge at the Hamm Court of Appeal (1996-2002). Outside Germany, he taught as Visiting Professor at Hong Kong City University and the Georgetown Law Center and gave guest lectures at Universities in various European countries. In legal practice, he was involved as an arbitrator or an expert for German, European and International Law in proceedings in Australia, Canada, France, Germany, Japan, The Netherlands, Russia, Singapore, Sweden, the UK and the US. He is the editor i.a. of the monthly Newsletter of the "Working Group on International Legal Issues" of the German Bar Association and member of the "German Council on Conflict of Laws", the advisory committee for the German Ministry of Justice on conflict of laws.