Advanced Arbitration Seminar
This Seminar is intended for students who have already studied international arbitration and are ready to confront the challenge of writing a paper of publishable quality. Students interested in enrolling in this course must apply and be individually admitted based on either (a) a specific proposal of a paper subject or (b) an academic record which suggests the ability to tackle a subject developed in consultation with the Professor.
Advanced Oral Advocacy in International Arbitration
This course covers the theories and strategies for persuasively advocating one's case and examining witnesses before the tribunal. Class time will be spent discussing, preparing for, and having students perform in the roles of counsel and witnesses for cross examination, as well as opening and closing statements with review provided on an ongoing basis.
Advanced Topics in Arbitration: Theory & Publication
This 2-semester seminar will focus on an advanced topic in international arbitration to be identified annually as a theme for the International Arbitration Institute. In the Fall semester, the focus will be on theoretical approaches to the topic, with readings and class discussion. In the Spring semester, students will engage in writing and discussion as part of a thought leadership project.
Complex International Negotiations
This course focuses on complex negotiations and lawyering skills relevant to navigating the new era of globalization. The course focuses on the legal, policy and skill issues to complex international negotiations, in the context of current events such as global debates over international investment and the new NAFTA. This customized course is based on case studies derived from international arbitration proceedings and negotiations related to high profile cross-boarder investments in diverse industry sectors.
Dispute Resolution, Technology and The Digital Economy
The rise of the New Economy has presented a number of challenges and opportunities for both international commercial arbitration and investor-state dispute settlement. One set of questions is whether international commercial arbitration is well suited to technology disputes. These issues include how arbitration may be used in license agreements, end-user agreements, and potential IP disputes. Among other things this course analyzes what constitutes an "investment in the New Economy" and the rise of international privacy and cyber-security disputes.
Drafting Complex Arbitration Clauses
This course will provide students with an overview on the drafting of complex arbitration clauses in an international context and has important practical applications. One of the objectives of this course is to enable students to anticipate and recognize issues in the formation and enforcement of arbitration agreements that are typical or particularly prevalent in complex international business transactions and to develop important approaches to minimizing the risks associated with them.
Federal Arbitration Act
Arbitration is an essential part of dispute resolution today, including both purely domestic disputes as well as cross-border disputes. As a consequence, practitioners are required to understand the legal framework under which arbitration is conducted in the United States. This course is an introduction to the Federal Arbitration Act (FAA), the arbitration practice under state law and the UNCITRAL Model Law (which was adopted for international commercial arbitration in Florida).
Globalization and Arbitration
This course focuses on the interrelationship between globalization and arbitration – a critical issue for the future of this dynamic field. It examines the evolution of international arbitration in context of the globalization era that emerged after the Cold War. It further considers the impact of disruptions to the globalization era - from Brexit to corruption scandals to the global pandemic - and corresponding impacts on arbitration. It also looks forward to the relationship between the growing public and private sector focus on environmental, social and governance (ESG) issues and the future of international arbitration, as reflected in changes to treaties such as the Energy Charter Treaty (ECT). There is a focus on strategic economic sectors and the role of the public and private sectors. The course utilizes investment arbitration decisions as case studies for analyzing investment and development and relies on secondary sources as well. The course also focuses on case studies and first-hand experience of the professor with high profile investments and arbitrations worldwide.
ICSID Practice and Procedure
This course presents unique insight into ICSID practices and procedures, covering every aspect of an ICSID proceeding from the filing of a request for arbitration to post-award remedies and enforcement. The course also focuses on prominent topics in the field of investor-state dispute settlement, such as the transparency of cases, the participation of non-disputing parties, and the time and cost of proceedings.
International Arbitration and ESG (Environment, Social, and Governance Issues)
This course focuses on the relationship between Environmental, Social and Governance (ESG) issues and international arbitration. The course considers the legal and policy framework related to ESG, a concept which gives structure to a range of issues that are relevant to investment and development. It reviews how international arbitration has had a pioneering role related to ESG issues and examines current “battleground” issues through investment arbitration case studies. The course also addresses flashpoint issues related to globalization and treaties, such as the status of the multilateral Energy Charter Treaty (ECT).
International Arbitration in Latin America & the Caribbean
This course covers various issues related to international arbitration in Latin America and the Caribbean. The course will also examine legal frameworks and practicalities of conducting commercial arbitration proceedings in Latin America, the current developments of handling disputes, and the application of the New York Convention in Latin America.
International Arbitration LL.M. Practicum
The International Arbitration LL.M. Practicum Program allows students to obtain practical experience in the field of international arbitration during their LL.M. studies with law firms and arbitral institutions in Miami and beyond. Practicum placements are for the duration of one semester and usually are offered during the Fall and Spring semesters; in exceptional circumstances placements may also be available in Summer. As part of the practicum program, students also attend a number of on-campus lectures pertinent to international arbitration and transnational litigation.
International Commercial Arbitration Seminar: A United States Perspective
The seminar is a survey of the law and regulation of international commercial arbitration as seen from the perspective of the United States courts. It is divided into four units: Overview of Core Legal Sources; The Agreement to Arbitrate; The Arbitral Process and the Award. In all phases of the course, attention will be given to the interaction of national courts and the arbitral process and the limits of party autonomy and the consequences of its exercise.
International Energy Arbitration
Energy-related disputes represent around 40% of the ICSID case load. Some of the most controversial cases that have resulted in the largest damages awards concern energy projects. Energy, in its many forms (oil, gas, mining, electric power and other energy industries), continues to be at the center of the debate as it engages in energy transition efforts.
This course will first provide students with a general introduction to the industry, including the main types of energy contracts, public and private key players in the upstream, midstream and downstream segments, regulations and international treaties. Then, the course will focus exclusively on international energy disputes, which include those that arise from nationalizations (less common), changes in the legal regime (more common), and energy transition measures (increasingly common), posing a great challenge to investors and States as they incentivize renewables and discourage fossil fuels. Disputes will be based on real international cases. Finally, the course will include hands-on training by inviting students to participate in a mock hearing with distinguished arbitrators, practitioners and experts on the energy industry.
International Investment Agreements
The focus of the course is on the evolving role and significance of bilateral and multilateral investment treaties, and, in particular, on the standards of treatment accepted by the host States. The course is recommended for students of international investment law and for students interested in international business transactions and international economic relations.
International Law of State Responsibility
For the international community to consider that it has a system of law, its subjects must somehow be held responsible for breaches of legal obligations. One can hardly claim to advise on any aspect of international law without knowing how breaches of its supposed rules might result in liability on the part of the most relevant actors. For many generations, sovereigns were accountable only to God. In the 20th century, pronouncements of various international tribunals set out rules of liability and reparation in a piecemeal manner. At the dawn of the 21st Century, draft Articles on the Responsibility of States for Internationally Wrongful Acts finally emerged from the UN's International Law Commission, purporting to codify international law. This course will explore where we are today.
International Sports Arbitration
This course seeks to explore the emergence of a universal legal system to match the world-encompassing organization of elite professional sports. It will begin with a careful analysis of decisions of the Court of Arbitration for Sport (Lausanne); and then go back to trace the genesis of this powerful "consensual" jurisdiction. We will focus on types of disputes -- doping, transfer fees, eligibility, challenges to sports governance, agency and sponsorship -- that illustrate how the system has evolved.
Investment Arbitration
Investment arbitration is developing into a distinct specialization as parties increasingly rely on arbitration provision in Foreign Investment legislation, Bilateral Investment Treaties as well as such instruments as the Energy Charter Treaty, the Washington Convention and NAFTA for mechanisms to settle disputes between states and investors. The number of cases has grown exponentially in the past decade and new doctrines are being developed. This course provides an overview of these new concepts as well as examining the specificity of a State as a party to an arbitration.
Law of International Treaties
The contemporary international order is largely based on international treaties, and the understanding of treaties is essential in order to master the study of current international law. This is true in particular for international investment law. The purpose of this course is for students to acquire the basic skills required to comprehend treaties and their application.
Maritime Arbitration
Maritime arbitration has developed as a distinct specialization and covers a wide range of maritime disputes which are decided primarily under the rules of the Society of Maritime Arbitrators of New York or the International Center for Dispute Resolution. They are governed by the General Arbitration Act and the New York Convention. The course will provide an overview of many of the key problems that arise in maritime arbitration, including topics such as compelling arbitration; security for the underlying claims and fees; how proceedings are conducted; and enforcement of awards.
Transnational Litigation and International Arbitration with a European Nexus
The United States and the European Union have the largest bilateral trade relationship and enjoy the most integrated economic relationship in the world. This course provides students with an overview on the legal instruments governing transnational litigation and international arbitration proceedings that frequently arise out of these close transatlantic economic ties. This course discusses the European Convention on International Commercial Arbitration, the Brussels and Rome regimes, which govern areas of jurisdiction, recognition and enforcement of foreign judgements, and choice-of-law, as well as various other European legal provisions that are of great importance in the area of transnational litigation and international arbitration.
*We continue to further develop our international arbitration curriculum. Therefore, course offerings may change in future semesters and all courses may not be offered.
