University of Miami School of Law Course Description - Online System
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Spring 2014
LAW526  A  UNCITRAL MODEL LAW: FUNDAMENTAL CONCEPTS AND IMPACT ON LATIN AMERICA

Course Description
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.


Course Schedule
Offering Dates: 04-01-2014 - 04-18-2014  

Dates Day Time Room
04-01-2014 - 04-03-2014   TR  12:30 PM-1:50 PM F109
04-04-2014 - 04-04-2014   F  2:00 PM-5:00 PM F109
04-05-2014 - 04-05-2014   S  10:00 AM-2:00 PM F302
04-10-2014 - 04-11-2014   RF  12:30 PM-1:50 PM F109

Course Frequency
This course is usually offered once every academic year

Course Information

Credits: 1
Pass/Fail Option: Yes
Prerequisite:
Method of Evaluation:
Graduation Requirements Fulfilled By Course:
General
Special Attributes:
New Course
Short Course
Special Restrictions:
Law Track(s):
International & Comparative Law - Specialized
Litigation - Specialized
Bar Subject(s):

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Professor(s)

JANA, ANDRES


Biography
Contact Information:
Email: ajana@law.miami.edu
Phone:
Office: