This course acquaints students with the basics of commercial arbitration, including process characteristics; similarities to and differences from court litigation; tribunal types; benefits and limitations; and alternate arbitration process models. Students do a review of arbitration law, including key court decisions regarding enforcement of agreements to arbitrate, vacating awards and judicial review. The class discusses controversial current topics such as compulsory arbitration, arbitration of statutory claims and other public policy issues, and explores the growing trend toward arbitration of international commercial disputes.
Students acquire skills in drafting arbitration agreements; selecting among arbitration rules and service providers; preparing a pre-hearing "arbitration book"; participating in an arbitration hearing; writing a post-hearing brief; and preparing pleadings for the enforcement or vacation of an arbitration award. The course does not address issues related to labor arbitration or Minnesota no-fault insurance arbitration.
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