Curriculum - White & Case International Arbitration LL.M.

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.

As arbitration institutions and their caseloads have proliferated in recent decades, they have faced increasing scrutiny by users, experts, and the public into the way in which they manage and finance themselves, administer proceedings, institute reforms, maintain independence and impartiality, and address conflicts of interest. This course explores these broad issues and analyzes the role and functions of arbitration institutions through the lens of the wider debate on the legitimacy of arbitration.

This course aims at examining the specific traits of the disputes relating to cultural heritage items and one of the most important alternative dispute resolution (ADR) mechanisms, namely arbitration. The purpose of this course is to develop the students' awareness and understanding of the nature, advantages and limitations of arbitration so that, as lawyers or consultants, they will be able to help clients select the most efficient method of preventing, managing and resolving cultural heritage-related disputes.

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.

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. 

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).

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.

This course examines the acute tensions that have developed over recent years--and subsist--between international legal orders that we have seen in recent memory. The underlying tensions are affecting principally investor-State arbitration, but international commercial arbitration as well, exposing conflicts between the very raisons d'être of the two highly powerful regimes.

This course covers various issues related to international arbitration in Latin America and the Caribbean.

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. 

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.

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.

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.

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.

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.

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 has developed as a distinct specialization and covers a wide range of maritime disputes which are decided primarily under either 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.

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.

Students in the White & Case International Arbitration LL.M. Program who are on the Academic Track are required to complete one supervised, hands-on training experience in a workplace related to international arbitration and dispute resolution as well as the broader international business law field. Students may complete the Practicum Academic Track through either (1) a pre-approved placement in the International Arbitration LL.M. Practicum Program, (2) Miami Law’s Externship Program, or (3) through a placement that a student secured him/herself and that can be converted into a practicum or externship field placement.

Practicum placements are part-time and range from 1-3 credits (i.e. 45-135 placement hours per semester). 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/externship program, students are required to attend a number of on-campus lectures pertinent to international arbitration and transnational litigation. Students participating in the Practicum/Externship programs will be enrolled in the corresponding academic for-credit course (i.e. LL.M. Practicum I, II or III, Externship I, II or III) during the semester of their placement.

Students on the Academic Track who are unable to secure a practicum or externship placement despite diligent efforts on their part may, in exceptional circumstances, fulfill this requirement by taking additional hands-on lawyering skills courses in the International Arbitration LL.M. Program, which cover various practical aspects of international commercial and investment arbitration proceedings.

Students in the White & Case International Arbitration LL.M. Program who are on the Experiential Learning Track are required to complete two supervised, hands-on training experiences in a workplace related to international arbitration and dispute resolution as well as the broader international business law field. Students may complete the Practicum Experiential Learning track through either (1) a pre-approved placement in the International Arbitration LL.M. Practicum Program, (2) Miami Law’s Externship Program, or (3) through a placement that a student secured him/herself and that can be converted into a practicum or externship field placement.

Practicum placements are part-time and range from 1-3 credits (i.e. 45-135 placement hours per semester). 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 are required to attend a number of on-campus lectures pertinent to international arbitration and transnational litigation. Students participating in the Practicum/Externship programs will be enrolled in the corresponding course (i.e. LL.M. Practicum I, II or III, Externship I, II or III) during the semester of their placement. Only one Practicum/Externship placement is permitted per semester, and students generally may not repeat a placement with the same participating firm/institution in a subsequent semester.

Students must choose a track upon enrollment in the White & Case International Arbitration LL.M. Program. Students may change their selection up until the relevant deadline in their second semester of studies (Feb. 15 for Spring, Oct. 15 for Fall).

The IA LL.M. Practicum/Externship counts towards the overall number of required credits for the International Arbitration LL.M. degree (24 credits) and also qualifies as International Arbitration elective credit. Moreover, students in the International Arbitration J.D./LL.M. Joint Degree Program may earn Skills credit required for the J.D. degree through the Practicum.

International students in F-1 visa status are required to obtain authorization for Curricular Practical Training (CPT) from University of Miami's department of International Student and Scholar Services (ISSS) prior to engaging in paid or unpaid practical training.