As the preferred means of resolving international commercial disputes, arbitration embodies the pursuit of excellence in dispute resolution. This new course examines the theory and practice of international commercial arbitration from its foundation in the New York Convention and the parties’ agreement to the way that procedural fairness is achieved across the legal traditions. It considers the arbitral process from delivery of the notice of arbitration through constitution of the tribunal and design of the arbitral process on to the hearing, the award and recourse against it. Through a combination of lectures and discussions, guest presentations, and exercises based on mock scenarios, students will gain insight into a growing area of practice in Canada that is critical to the functioning of the world economy.
Course or Seminar Category: International Comparative and Transnational Economic Law
Conflict of Laws
In a world of cross-border communication, trade and travel, crossborder disputes arise in every field of private law. A good understanding of the subject is vital for most careers in legal practice and scholarship and it provides an important foundation for the study of other international law subjects. Once based on arcane principles and complex doctrines, the conflict of laws has changed dramatically over the years to facilitate the flow of products, wealth and skills across borders and to ensure that disputes with connections to other provinces and countries are resolved fairly.
This course provides a solid grounding on the basic questions of whether a court has authority to decide a dispute and whether it should exercise that authority; what effect the court should give to the judgments of courts in other provinces or countries; and which law a court should apply to determine the issues in dispute. Also considered are the particular rules that have been developed for key areas of private law.
The rules applied by Canadian common law courts are compared with the rules applied in other common law countries — the United States, Québec, and Europe. This course also addresses the special rules that apply in federal and regional systems.