Study

Today’s leading dispute-resolution lawyers of the United States, and every nationality, must be equipped for the international practice of law.  Their clients increasingly include multinational corporations and foreign governments who carry out commercial transactions, invest in public infrastructure, and exploit natural resources often in collaboration with other corporations and governments of diverse nationalities around the globe.  Clients may also include citizens and community groups affected by such projects.  Given the sometimes conflicting interests of the various stakeholders, some of these undertakings evolve into complex disputes that cross not only geographic borders, but also cultural, linguistic, political, and jurisdictional boundaries.  Fortunately, the contracts and treaties which govern these projects, and which have proliferated exponentially in recent decades, provide for the resolution of disputes through international institutions, such as the International Court of Justice (ICJ), the International Centre for Settlement of Investment Disputes (ICSID), and the Court of Arbitration of the International Chamber of Commerce (ICC).  Rights and remedies of private parties may be available, either alternatively or additionally, through national courts, local arbitration forums, and diplomatic protection.  And mediation of international disputes is on the rise, under existing institutional rules or through ad hoc proceedings such as before the Permanent Court of Arbitration (PCA).  As you prepare yourself to represent global clients, you must be equipped to navigate the available forums and the applicable legal regimes to advance their interests.

This course will take students through an evolving, hypothetical international dispute, to empower students with practical knowledge, skills, and strategy.  Each module of the course will require students to explore a different dispute resolution forum and address a different facet of the dispute governed by a different source of law (including treaties; contracts and concessions; and local, foreign, and customary international law).  Students will be required to read selected excerpts from leading cases and treatises and to engage in substantive discussion and debate in class.  Students will also be required to complete practicum exercises to develop transferable skills for all forms of international arbitration and litigation.  All hypothetical scenarios, materials, and assignments will be based on real cases from the professor’s experience, to ensure that students gain practical knowledge and skills for their own international practice of law.

Textbook and Materials

All reading assignments and course materials will be available on Blackboard and through other on-line sources.  Students will be required to conduct outside legal research in preparation for practicum exercises.

Grades

Participation in Class Discussions: 20%
Performance in Practicums: 50%
Final Exam: 30%

Special Notes:

Class will meet every other Friday.

Spring 2016

Course Number	Course Credits	Evaluation Method	Instructor
310.01	Course Credits 2		Ryan Mellske
Sakai site: https://sakai.duke.edu/portal/site/9ba60233-b578-43d7-b401-4b871049cc58
Email list: LAW.310.01.Sp16@sakai.duke.edu