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Fall 2017
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LAW526
A UNCITRAL MODEL LAW: FUNDAMENTAL CONCEPTS AND IMPACT ON LATIN AMERICA
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Course Description
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The course provides an in-depth introduction to the UNCITRAL Model Law on International Commercial Arbitration. In order to exemplify the meaning of its fundamental concepts, it will resort to recent case law from Latin American jurisdictions that have enacted legislations based on the UNCITRAL Model Law, e.g. Brazil, Chile, Colombia, Mexico and Peru. The course will address the principle of limited intervention by local courts, the kompetenz-kompetenz principle, the severability of the arbitration clause, the principle of parties’ autonomy, the notion of the seat of arbitration, and the limited grounds for challenge of an arbitral award. The aim will be for students to assess whether the Latin American courts have been successful in integrating the Model Law-based legal concepts. At last, it will address the recognition of foreign arbitral awards in those jurisdictions, an issue highly indicative of the general judicial stance towards international arbitration. In addition, the course will highlight the challenges faced by Latin American courts, which are in the process of learning to respect the autonomy of the international commercial arbitration and to avoid excessive judicial intervention.
Short Course Attendance Policy Due to the small number of meetings, attendance to all meetings/classes for short courses is mandatory. Students who miss more than one class session (80 minute) of a 1-credit short course are subject to administrative withdrawal and will have a W for the course on their transcripts.
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Course Schedule
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Offering Dates: 11-01-2017 - 11-07-2017
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11-01-2017 - 11-02-2017
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WR
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12:30 PM-1:50 PM
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A110
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11-03-2017 - 11-04-2017
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FS
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2:00 PM-5:00 PM
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A110
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11-06-2017 - 11-07-2017
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MT
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12:30 PM-1:50 PM
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A110
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Course Frequency
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This course is usually offered once every academic year
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Course Information
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Credits:
1
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Pass/Fail Option:
No
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Prerequisite:
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Method of Evaluation:
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Graduation Requirements Fulfilled By Course:
General
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Special Attributes:
Short Course
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Special Restrictions:
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Law Track(s):
International & Comparative Law
- Specialized
Litigation
- Specialized
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Bar Subject(s):
None
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Concentration(s):
Litigation & Dispute Resolution (Concentration)
More information
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Course Book(s):
TBD/None
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First Class Assignment(s):
TBD/None
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View Book Information
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