Arbitration|Conflict Resolution|International|Mediation|Teaching

Teaching International Dispute Resolution

This Fall I will be an Adjunct Professor at New York Law School, teaching International Commercial Dispute Resolution.  I have outlined what I want to present, and I’m now reviewing casebooks and other materials to create a detailed syllabus.  It’s fun and challenging — and also quite thought-provoking!

My goal is not to train future arbitrators, mediators or advocates.  Rather, I want to give the students skills and resources in counselling clients who are considering cross-border transactions as to the options available in the event that the deal goes sour.  Ultimately, I’d like to influence transactional attorneys and improve the advice they give their clients in papering international deals.

I’d like to make sure they understand the rudiments of international commercial arbitration, concepts like Kompetenz-Kompetenz and Terms of Reference, lex arbitri and lex mercatoria, limits on presentation of testimony, the New York Convention and so on.  And I’d like them to have a sense of regions where mediation is practiced and where it’s not — and where, though practiced, it means something other than Fisher-Ury.

And there is room (I hope) for basic negotiation skills, BITS, ICSID, ENE, ArbMed, MEDALOA, and other hybrids that are used abroad much more than in America.  The various ethics rules, the IBA evidence guide, the CIArb guidelines on interviewing prospective arbitrators, the UNCITRAL notes in organizing and administering arbitrations — so much!

West and Kluwer and Foundation have sent me huge boxes of texts, yet it is interesting how few of them see the topic as I do.  There are excellent scholarly volumes on international arbitration; on international litigation; and on cross-cultural conflict management (especially between states).  But only one or two seem to be aimed, not at the litigator, but at the advisor who needs to give creative advice to a client.

It will be an interesting process, and I look forward to sharing the experience.  In the meantime, any thoughts or suggestions on a text?

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