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ADR: International Commercial Arbitration course syllabus

This course will explore the field of international commercial arbitration, which has become the default method of dispute resolution. Students can expect to study both Philippine and foreign commentaries, statutes and case law on the subject. Topics
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   Arbitration 1   May-September 2011 Term De La Salle-FEU MBA-JD Program Friday 6:00-8:00pm; Room R-2503, RCBC Tower 1 Professor Edsel Tupaz Stanford Law School, SPILS Fellow | Master of Juridical Science (JSM),  [admission only in ‘09]  Harvard Law School, Visiting Researcher, 2009 Harvard Law School, Master of Laws (LL.M.), 2008 Ateneo de Manila Law School, Juris Doctor (J.D.), 2003, St. Thomas More Awardee Ateneo de Manila University, A.B. Economics – Honors Program, 1999, cum laude  Employers, past and present:Asian Institute of ManagementPhilippine Truth CommissionNew England School of Law | BostonThe Mather House, Harvard UniversityHarvard Law School LibrarySupreme Court of the PhilippinesAteneo de Manila University University of the East College of LawSyCip Salazar Hernandez & Gatmaitan LawThe Harvard Project for Asian and International Relations, Ateneo Chapter  Bar Membership:Philippines, 2004New York (pending oath-taking) Office Hours: by appointment[e] [m] (0920) 9693128 1 Copyright © Edsel F. Tupaz 2011  Working draft syllabus dated 08.15.2011; subject to change anytime2 of 17 I.Course Description This course will explore the field of international commercial arbitration, which hasbecome the default method of dispute resolution. Students can expect to study bothPhilippine and foreign commentaries, statutes and case law on the subject. Topicsinclude (1) an introduction to the field of commercial arbitration, now the “main” – asopposed to “alternative” – mode of dispute resolution; (2) domestic arbitration in thehistorical perspective; (3) UNCITRAL Model Law, New York Convention, other treatyframeworks, and their international responses; (4) the arbitration process, from agreementto enforcement; (5) judicial policing of arbitration; (6) the development of the function of arbitration in foreign investment law; (7) arbitration in state contracts; (8) making use of special opportunities for clients; (9) survey of existing Philippine laws and rules on ADR;and (10) arbitration and the Rule of Law.The aim of this course is to develop your own sense on which questions are central, howyou might respond to them, and a basic sense for the arguments that might be made aboutthese questions. The emphasis of this course is less on syllogistic legal reasoning andmore on doctrinal and behavioral causality. I propose the following general conceptualframework: concept and ethos substantive law practical ideas about arbitrationof arbitration and policy behavioral implicit / explicit, andconsiderations emerging trends In sum, the course is designed to provide students with the necessary analytical tools todevelop policy, legal strategy, and practical legal solutions in the resolution of complexdisputes. A prior study of international law, civil procedure, and economics is preferredbut not necessary. II.Course Materials All required readings will be made available at least one week in advance, which willconsist of selected articles, papers, and essays. The logistics of distributing thesereadings will be discussed in our first day of class. In almost all cases, readings will be inelectronic format via email, egroups, hyperlinks, and/or class web/blog site to be set up.This course will be graded, based upon class participation and a final paper. You areexpected to do the required readings before class. In this working syllabus (which will beconstantly updated), I will distinguish between required reading and mere background orrecommended reading. In all topics, I will try to “rank” the readings in order of priorityowing to your time constraints as a student of law and business, but do aim for allrequired reading.  Working draft syllabus dated 08.15.2011; subject to change anytime3 of 17Since our course will involve essay writing, I encourage you to read Dean MarthaMinow’s take on what she considers “archetypal” legal scholarship. You may find this in . Read only pp. 34-36.Plagiarism will not be tolerated and will be subject to nonnegotiable sanction. III.Course Requirements The teaching format will consist of a seminar-style student-led discussion in a smallclassroom setting, with your professor as facilitator. You are expected to take theinitiative in responding to basic questions which I will field. If necessary, I will makerandom use of class cards.You are welcome to bring your laptops with full Wi-Fi capability.Other general requirements include regular attendance, class participation, two to fourungraded reaction papers, and a final paper. We will follow regular law school policy onallowable cuts, tardiness, disciplinary rules, housekeeping, etc. In particular:    Class participation will count for 50 percent of your grade.    Depending on the size of the class, you must submit two to four reactionpapers in the course of the term. The minimum number for each studentshall be fixed immediately following the end of the add-drop period. Youare free to submit beyond the minimum. You could point out somethingin the readings you find unclear, or raise a question, or indicate somethingthat you find puzzling or interesting. You may request from me priorsample response papers. Each paper should not go beyond 2 pages inlength under standard formatting (size 12, Times New Roman, double-spaced, 1-inch margin on all sides). All reaction papers, including thoseexceeding the minimum, are ungraded, but failure to submit on timewill lower your (otherwise final) grade by one level (e.g., from 3.75 to3.50). Papers should be submitted to me no later than 12 noon of theTuesday immediately preceding the class slated for the week. This is astrict requirement. All submissions shall be circulated among all classparticipants in the evening before class day.    A final paper of at least 15 pages on a topic of your choice. You will haveto schedule an appointment with me during office hours to discuss yourtopic. I encourage you to submit a synopsis prior to the meeting. Thefinal paper will count for 50 percent of your final grade. I also encourageyou to submit an “ongoing” or “working” draft before the formal deadline(TBA) if you wish to benefit from my comments and adjust your draftsaccordingly before final submission.  Working draft syllabus dated 08.15.2011; subject to change anytime4 of 17    To restate, plagiarism will not be tolerated and will be subject tononnegotiable sanction. IV.Consultation and Correspondence You may schedule a brief meeting with me to discuss, among others, the topic of yourfinal paper. I am happy to discuss with you anything else you wish to raise.Do feel free to stop by the faculty offices and ask for Tess if I am available. If I am freeat that time, I will be happy to meet with you. You should also feel free to email me atany time with questions or concerns about the course. I will respond to your emailspromptly. For urgent messages, you may SMS me, but I might not respond as quickly asyou might ask. V.Syllabus1.   Introduction (1 of 2): About the course, class objectives, and housekeeping *** merely recommended *** a.   James A.R. Nafziger, Comparative Dispute Resolution: A New Look, 10 Willamette J.Int'l L. & Dispute Res. 11 (2002)b.    ADR and Arbitration in the Philippines, A Lecture by Atty. Victor P. Lazatin,   c.   Louise Barrington,  Book Review: Dispute Resolution in Asia , 10 A M .   R EV .   I NT ' L A RB .163 (1999) 2.   Introduction (2 of 2): concept and ethos of arbitration a.   Stephen J. Ware, Teaching Arbitration Law, 14   A M .   R EV .   I NT ’ L A RBIT ’ N 35   (2003)b.   Stephen J. Ware,  Arbitration and Assimilation, 77   W ASH .   U.   L.Q.   1053   (1999)c.   W. Laurence Craig,  Arbitration and National Courts: Conflict and Cooperation: The Arbitrator’s Mission and the Application of Law in International Commercial Arbitration, 21   A M .   R EV .   I NT ' L A RB .   243 (2010)*** the rest are merely recommended ***  Working draft syllabus dated 08.15.2011; subject to change anytime5 of 17 d.   Stephen J. Ware,  Default Rules from Mandatory Rules: Privatizing Law Through Arbitration, 83   M INN .   L.   R EV .   703 (1999) 3.   Domestic arbitration in the historical perspective a.   Victor P. Lazatin & Patricia Ann T. Prodigalidad, Arbitration in thePhilippines (2006),  Read pp. 1-7; skim the rest.b.   R UFUS B.   R ODRIGUEZ ,   P HILIPPINE A RBITRATION AND THE UNCITRAL   M ODEL L AW (2 D .   2002)Read Introduction to p. 21c.   Flerida Ruth P. Romero,  Legal Challenges of Globalization, Delivered asPart of the Indiana Supreme Court Lecture Series at Indiana UniversitySchool of Law – Indianapolis , 15   I ND .   I NT ' L &   C OMP .   L.   R EV . 501 (2005)Read pp. 11-12d.   J IM V.   L OPEZ ,   T HE L AW ON A LTERNATIVE D ISPUTE R ESOLUTION :   P RIVATE J USTICE IN THE P HILIPPINES (2004)Read pp. 46-80e.   Donemark J.L. Calimon, The Special ADR Rules: A Year Later, P HIL .   ADR   R EV ., January 2011 Read pp. 2-4; skim the rest.f.   Alternative Dispute Resolution Act of 2004, Republic Act No. 9285(2004)Get a rough sense of its scope and designg.   The Arbitration Law, Republic Act No.876, as amended (1953)Get a rough sense of its scope and design*** the rest are merely recommended *** h.   R EYNALDO B.   A RALAR ,   A LTERNATIVE D ISPUTE R ESOLUTION A CT OF 2004   (2005)Read pp. 1-58 4.   Treaty Frameworks: The UNCITRAL Model Law of Arbitration and itsInternational Responses (1 of 2)
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