The principal objective of this course is to familiarize students with the procedural “tools” most frequently encountered in international commercial litigation and arbitration. Each session shall address a different topic of procedure, adopting a comparative approach between common law (principally the United States and England and Wales) and civil law jurisdictions (principally France and Germany). This comparative approach will provide a unique learning opportunity to approach strategic procedural issues from a transnational, cross-cultural perspective, focusing on its practical application in litigation and arbitration.
Peter ROSHER,Clément FOUCHARD
Séminaire
English
Spring 2022-2023
Classes are held on a weekly basis and last two hours. The relatively small size of the class and the presence of a qualified and diverse student body provides an excellent opportunity to understand the particular procedural devices under discussion, questioning the underlying perceptions and concepts shaping procedural rules and practices.
Class participation is welcomed, encouraged, and rewarded (class participation will be taken into account in the final grade, as appropriate). At the end of the semester, each student is required to submit a paper on comparative aspects of procedural tools, as practiced in his or her jurisdiction. Students are free to choose the topic, in consultation with the instructors, even if it was not the object of class discussion. The student may choose between presenting a paper focusing in detail on a single topic or take a more general approach covering a series of procedural institutions.