KDEC 9770 - International Arbitration Practice in Perspective: History, Sociology, and Legal Theory
The field of international commercial arbitration has gained significant prominence over the
past few decades, both in academic circles and legal practice. Yet, relatively little attention
has been devoted to the modern rise and evolution of the field from either a historical or
sociological perspective. In this class, we will borrow tools from a number of disciplines—
including history, legal theory, and sociology—to analyze and better understand some of the
issues and problems that arbitration lawyers face in their practice. By attempting to bridge
the gap between theory and practice, the goal of this class is to introduce students to the
legal regime for resolving international economic disputes and to explore some of its
theoretical and conceptual underpinnings.
Mikaël SCHINAZI,Alexis FOUCARD
Séminaire
English
None.
Spring 2023-2024
Evaluation will be based in equal part on:
1. A mini-moot court that will take place in class and may include a written component
(50%) and
2. A continuous assessment throughout the semester (50%), including class
participation, active engagement with the assigned readings and mini debates, as well
as one short reaction paper.
Further instructions about the mini-moot and mini-debates will be provided in due course
With regards to the reaction paper, you may select any reading(s) from sessions 2-12. In your
response paper, please briefly summarize the work(s) (1 or 2 paragraphs), and then detail
your reaction to it. Your reaction paper must be argumentative, not merely descriptive. You
may, for instance, evaluate the merit of the work: agree or disagree with its conclusion (and
explain why), check its accuracy and completeness, etc. Your reaction paper must be 3 pages
single spaced, Times New Roman font 12, standard margins. Please submit your response
paper no later than 6 March 2022 by email to both instructors.
Mix of lectures and conversational segments. Some guest lectures may also take place during
the semester.
Required readings will be uploaded online and accessible to students through Google Drive. A general bibliography is available at the end of the syllabus.
Please note that class topics and reading assignments may change throughout the course of the semester. Changes to the course schedule will be announced by email.