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Course Descriptions
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Getting Around London
Health Insurance
Housing
International Travel
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Passport
Planning a Program Budget
Program Cancellation
State Department Travel Information
Student Perspectives on London Program
Student Representation
Students with Disabilities
Suitable Precautions
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What to Pack
Withdrawal

Certificate Program in Global Arbitration Law and Practice:
National and Transborder Perspectives
London, England
June 25-July 28, 2009

 

A joint venture of the Dispute Resolution Institute at Hamline University School of Law and Professor Thomas E. Carbonneau, Orlando Distinguished Professor of Law (Penn State Dickinson School of Law), a nationally and internationally recognized author and authority on arbitration, in cooperation with The School of International Arbitration, Queen Mary University of London

 

 

Program Overview
Arbitration - no longer a specialty process - is a core feature of the global rule of law and of the domestic litigation of civil disputes in the United States. Long heralded by the U.S. Supreme Court as the primary alternative to judicial litigation, arbitration achieves adjudicatory justice either where the courts have failed or do not exist. Arbitration has a universal standing in all areas of civil disputes - from contract and commercial claims to consumer transactions and employment relationships and even including civil rights. It also has become an effective mechanism for the resolution of trade policy and regulatory law disputes between governments and between governments and private individuals. Arbitration is the focal point of dispute resolution in the NAFTA and WTO. It has addressed commercial liability in the context of political and economic competition more effectively than any other trial mechanism or dispute settlement process.

Practitioners and legal educators agree that a comprehensive professional exposure to arbitration is necessary to engage in cutting-edge and high quality law practice. The Certificate Program is both innovative and thorough. It consists of a four-week curriculum of intensive courses, all taught by prominent members of the transborder arbitration bar and academic leaders in the area. London, home to an array of international law firms and the prestigious London Court of International Arbitration (LCIA), provides unparalleled opportunities for interaction with the world's leading commercial arbitrators and arbitration advocates.

The six-credit program begins with a foundation course covering the salient aspects of U.S. arbitration law as it relates to both domestic and international arbitration. Building on the foundation experience, students study crossborder perspectives on organizing arbitral proceedings, examine how arbitration is used to resolve international investment and trade disputes, and participate in a drafting workshop to master the art of drafting arbitration contracts. All students also complete a capstone arbitration advocacy course, which uses an interactive workshop format to examine the advocacy challenges and opportunities unique to the arbitral process.

Bringing together a diverse group of law students and young lawyers from the U.S., Europe, and Asia, the program provides a systematic and comprehensive exposure to international commercial arbitration. It allows students to expand their remedial and ADR horizons beyond the framework of structured negotiations or the limitations of national law and court procedure.

To obtain the Arbitration Certificate, students must complete the following courses:

• Introduction to U.S. Arbitration Law: Domestic and International Aspects (2 credits)
• Crossborder Approaches to Organizing Arbitral Proceedings: Merging National Regimes (1 credit)
• International Investment Dispute Settlement (1 credit)
• Workshop on Drafting Arbitration Agreements and Model Arbitration Law (1 credit)
• Arbitration Advocacy: Focus on Skills (1 credit)

 




An Ideal Partnership for Providing a Completeand Effective Arbitration Curriculum

 

Queen MaryThe School of International Arbitration Queen Mary, University of London

The School was established in 1985 to promote advanced teaching and research in the law and practice affecting international arbitration. Today the School is widely acknowledged as the leading teaching and research center on international arbitration in the world. All its courses are at the post-graduate level. In its 20 year existence the School has had over 2,000 students from over 80 countries, from all over the world. In addition to its regular full-time and part-time academic staff, the School involves practitioners who enrich the courses with practical insights. The School exists within the Center for Commercial Law Studies at Queen Mary, University of London. The Center was created in 1980 as a specialist commercial law center. It is the only organization in the UK, and one of the few higher education institutes in the world, devoted exclusively to the advanced study, research and teaching of national and international commercial law and its social and economic implications.

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Course Descriptions



Introduction to U.S. Arbitration Law: Domestic and International Aspects (2 academic credits)
June 25-26, 29-30; July 1-3, 6-7 & 10 (exam only)

The foundation course covers the fundamental principles and themes of U.S. arbitration law, including those that relate to international commercial arbitration. The course begins with an introduction to the history and operation of arbitration; its constituent concepts and basic institutions, as well as customary practices, are thoroughly assessed and discussed. The Federal Arbitration Act (FAA), the governing U.S. statute on arbitration, is covered extensively along with the impact of contract freedom upon the elaboration of an American law of arbitration. The 1958 New York Arbitration Convention is thoroughly examined. This "universal charter" on international commercial arbitration is arguably one of the most successful United Nations efforts at establishing a rule of law in the community of nations. Several class sessions address the development of a doctrine of limited subject matter inarbitrability and the growth of arbitrator sovereignty as to jurisdiction, the conduct of proceedings, and the determination of the merits. Further, problems relating to the enforcement of arbitral awards and other practical issues are addressed.

Faculty: Thomas E. Carbonneau, Orlando Distinguished Professor of Law (Penn State Dickinson School of Law)

Crossborder Approaches to Organizing Arbitral Proceedings: Merging National Regimes (1 academic credit)
June 30; July 1-3, 6-8 & 10 (exam only)

This course examines the various ways in which an arbitration can be organized from the perspective of the role of legal counsel, the role of the decision-maker, and the role of the parties. In conducting this examination, the course describes and assesses various prominent laws of arbitration, including U.S., French, English, Japanese, and Chilean national law, as well as the UNCITRAL model rules.

Faculty: Dr. Loukas A Mistelis, Clive M. Schmitthoff Professor in International Commercial Law, and Director, School of International Arbitration, Queen Mary University of London

International Investment Dispute Settlement (1 academic credit)
July 13-17, 20-21 & 23 (exam only)

The legal environment for international trade and foreign investment has changed dramatically since the end of the Cold War. As a direct result, international trade and investment dispute resolution, in particular through international arbitration and other non-judicial dispute settlement mechanisms, has become increasingly common. This course introduces students to the various investment dispute resolution options available to a foreign investor. After first providing an overview of the regulatory and institutional framework for international trade, the course reviews basic principles of dispute settlement, with specific focus on ICSID, Bilateral Investment Treaties, World Trade Organization, and NAFTA settlement procedures. The use of ad hoc arbitration, ICJ, and other tribunals also is addressed. The course closes with an examination of the challenges in enforcing trade investment decisions and awards.

Faculty: Dr. Loukas A Mistelis, Clive M. Schmitthoff Professor in International Commercial Law, and Director, School of International Arbitration, Queen Mary University of London

Workshop on Drafting Arbitration Agreements and Model Arbitration Law (1 academic credit)
July 13-17, 20-21 (no exam)

The inaugural class meeting will provide a general perspective on the basic elements of an arbitration agreement, how these elements are commanded by law, which of them make the agreement stronger or weaker, and how a pathological clause is to be avoided. The class will then be divided into small working groups charged with review of a hypothetical set of circumstances, a deficient arbitration provision attached to those circumstances, and a statutory provision that relates to an aspect of their problem. The balance of class sessions shall be used to have each group work and accomplish assigned drafting tasks under supervision of the faculty, including preparation of model arbitration statutes.

Faculty: Thomas E. Carbonneau, Orlando Distinguished Professor of Law (Penn State Dickinson School of Law)

Arbitration Advocacy: Focus on Skills (1 academic credit)
July 21, 24, 27-28 (no exam)

In this hands-on course, advocacy is explored in the context of the cross-cultural environment of international arbitration. Using an interactive workshop format, the course leads students through the critical advocacy challenges and opportunities that inhere in the arbitral process. After an initial module on developing a winning theory of the case, the course will focus upon advocacy in the arbitral proceeding, including the art of opening statement, effective presentation of documentary evidence, the use of experts, cross examination, and overall interaction with the tribunal and opposing counsel.

Faculty: Stavros Brekoulakis, Lecturer in International Dispute Resolution, School of International Arbitration, Queen Mary University of London

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London Program Faculty

In addition to core program faculty, a number of practitioners from the international arbitration practice group of Herbert Smith (London and Paris offices) will make short presentations in the program, as will Adrian Winstanley, the director-general of the London Court of International Arbitration

Student Representation

In 2007, 25 students were enrolled in the program, including students from 12 different US law schools as well as several foreign lawyers and law students. For 2008, enrollment will be capped at 35 students.

Student Perspectives on the Past London Programs

"The quality of instructors that Hamline retained for this course is unparalleled."

"I entered the London program anticipating an introduction to ADR and an overview of the arbitral process. I left the program with much more than introductory knowledge of the theory and process of arbitration. Today I feel confident and sophisticated enough to participate as an advocate in both domestic and international arbitral proceedings."

"It has completely changed my way of thinking about the law and our legal system by opening my mind to new concepts that I had never learned before. The learned and dedicated faculty did a phenomenal job of covering the topic at hand and the highly experienced practitioners solidified those concepts through real-world examples and hands-on mock trials."

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Application

The program is open to degree-candidate law students currently enrolled in ABA-accredited law schools, lawyers and other professionals. Applicants must complete the application form and return it with a nonrefundable $250 application fee.

Degree-candidate students must submit a letter from their school's registrar stating that they are in good standing and have permission to take the Hamline courses as a visiting student. NOTE: Hamline University School of Law students do not need to include a Letter of Good Standing.

Enrollment is limited to enhance the interactive nature of each course. Qualified students are accepted on a first-applied, first-enrolled basis.

This course of study is ABA approved.

Application Deadline: April 15, 2009
Applications will be accepted after April 15, 2009 only if space is still available.

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Cost

Tuition:
Program Fees:

A non-refundable application fee of $250, payable with submission of the application form, is required.

Students are responsible for international airfare, transfers to housing, additional meals, health insurance coverage, transportation within Europe, and personal expenses.

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Planning a Program Budget

Estimated total program costs: 

*Students are responsible for international airfare, transfers to housing, additional meals, health insurance coverage, transportation within Europe, and personal expenses.

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Withdrawal

Should a student withdraw from the program on or before April 15, tuition and program fees will be refunded. A student who withdraws from the program after April 15 is liable for the full tuition and program fees. The $250 application fee is non-refundable.

International Travel

International and intra-European travel is the responsibility of individual students. Hamline University School of Law has no legal responsibility for such arrangements. Students must arrive in London no later than June 13, 2008. Housing is available to students starting the afternoon of June 12 and must be vacated the morning of July 17.

Airfares to Europe can vary greatly. Students are encouraged to make their travel plans early to take advantage of advance purchase options.

Fares usually start to drop in early January but increase quickly as flights for summer travel fill. Students should consult a good travel agent or visit a reputable website to obtain discount fares.

Cheapoair.com, Orbitz.com, or Travelocity.com usually have the lowest fares on most major airlines. There are sites that offer consolidator prices which are non-advertised fares (www.cheapfares.com). Additionally, there are sites that offer student discounts (www.statravel.com & www.studentuniverse.com).


Your airport of arrival in London: Heathrow or Gatwick

Students traveling before or after the program may want to consider purchasing a Eurail Pass. We recommend you buy your Eurail Pass prior to your departure to Europe. However, if you wait until your arrival it is possible to buy a Eurail Pass at a limited number of Eurail Aid offices. Prices in Europe are about 20% higher than if you bought the same pass in the US. There are a limited number of regional passes that cannot be purchased in Europe. You can obtain all of pertinent information regarding Eurail Pass purchases by visiting their website: www.eurail.com

You can also purchase individual train tickets in Europe. There are many different train types, each with their own characteristics. Train frequencies might differ per country, per stretch and per season. To obtain information about individual train schedules and tickets you can go to: www.eurail.com and then click on "Travel Information" at the bottom of the page.

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Course Requirements

Students must attend all class sessions and complete advance reading assignments. Students will complete a series of graded in-class arbitration simulations in the arbitration advocacy course. For the advanced courses, as well as the foundation course, students must complete an exam. There is no mandatory grading curve. There are no prerequisites for any course. Acceptance of any credit or grade for any course taken in this program is subject to approval by the student's home school. It is unlikely participation in foreign summer programs maybe used to accelerate graduation. Students interested in acceleration should be referred to their home schools to review this issue in light of ABA Standard 304 and Interpretation 304-4.

NOTE: Hamline students are advised that academic credit for "Introduction to Arbitration Law and Practice: Domestic and International Aspects" will not be awarded if they have already taken an introductory arbitration course for law school credit.

Program Cancellation

Hamline University School of Law reserves the right to alter or cancel the Summer Abroad Program for insufficient enrollment or if exceptional circumstances such as natural disaster, war, political unrest, or similar emergency occurs. All applicants will be promptly notified if a State Department travel warning is issued for the United Kingdom, if there is a major alteration of the program, or if the program is cancelled. In the event of program cancellation, all tuition and fees will be refunded. If a student requests, the director will use best efforts to make arrangements for the student to attend a similar program. In the event of program alteration or State Department travel warning, any student wishing to cancel must send a letter of declaration within seven days of notification to request a full refund of tuition and fees. All money advanced by the student will be refunded within 20 days after the date of cancellation/receipt of student declaration.

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Housing

Student HousingStudents are housed in graduate apartments in the New Student Village on the Queen Mary, University of London Mile End campus. All student rooms have single en-suite facilities, with desk, closet, cable connection for high-speed internet access, toilet and shower or bath, and are arranged in flats housing 4-6 students, with each flat sharing a kitchen and dining facility. All units were newly renovated for the 2004-2005 academic year. For information about Mile End Campus, go to http://www.qmul.ac.uk/about/campus/mileend/index.html

Rooms are available to students the afternoon of June 12, and must be vacated the morning of July 17. The New Student Village is located approximately 15 minutes away from the Centre for Commercial Law Studies (Lincoln's Inn Fields Campus) in Central London.

Students with Disabilities

Housing and scheduled classrooms at Queen Mary, University of London are accessible to individuals with disabilities. However, given the age of the campus, this is not the case for all university buildings and facilities. Moreover, the London public transportation system, including many stations on the underground and bus routes, has limited or no access for individuals with disabilities. Disabled students interested in participating in the Summer Program should contact the Associate Director of the Dispute Resolution Institute to discuss accessibility and related issues.

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Passport

A valid passport is needed for travel to Europe. To obtain a new passport or to renew an existing passport, visit the Passport Services Office of the U.S. Department of State at: http://travel.state.gov/passport/passport_1738.html.

Health Insurance

Students are required to have a valid health and accident policy that includes international health and accident coverage. Hamline University School of Law reserves the right to require proof of insurance as a condition of enrollment in the Program.

Many insurance policies cover international travel but you should check your policy for exclusions to be sure that you are fully covered. If you need additional coverage or do not currently have insurance coverage you can contact one of the companies below:
MEDEX (http://www.medexassist.com/individual.cfm)
Wallach & Company, Inc. (http://www.wallach.com)
STA Travel (www.statravel.com)

State Department Travel Warnings

For the most current information on travel warnings go to the US Department of State Current Travel Warning website.

For the most current Consular Information for the United Kingdom follow this link: United Kingdom Consular Information.

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ATM Machines

Many foreign banks will allow you to withdraw money from ATM machines with a credit card or cash card. Visa and MasterCard are the most common credit/cash cards, followed by American Express. Most banks in larger cities are connected to an international money network, usually CIRRUS (another international money network is PLUS). If you are carrying more than one credit/debit card, it is best to carry one from the Cirrus network and one from the Plus network; most cash machines will honor one or the other, but not necessarily both. The network in indicated on the back of your credit/debit card. NOTE: European ATMs may not have letters on their keypads, so be sure to know your 4-digit (five or six digit numbers won't work) PIN by number. Also, obtain the international phone number for your credit card so you can notify the issuing company in case it gets lost of stolen

Currency

The currency remains the pound, which is divided into 100 pence. ATMs are available in all towns and Visa, MasterCard and American Express are widely accepted; visitors with other cards should check with their credit card companies in advance. Foreign currency can be exchanged at bureaux de change and large hotels, however better exchange rates are likely to be found at banks. Travellers cheques are accepted in all areas frequented by tourists; they are best taken in Pounds Sterling to avoid additional charges.

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Passport

Take a copy of your passport, in case it is lost, and keep it in a separate space.

If your passport is lost or stolen, you must go to the U.S. Embassy to get a replacement. This is inconvenient, but necessary. Without a passport, the airlines will not allow you to board an aircraft for your return flight to the U.S.

The United States Embassy:
24 Grosvenor Square
London, WIA IAE
United Kingdom
Switchboard: [44] (0) 20 7499-9000
www.usembassy.org.uk

What to Pack

TRAVEL LIGHT! Students can dress casual for class but you will need to bring business attire for program visits. Just one business outfit should be sufficient.

Luggage

Luggage requirements for all airlines have become very strict. You should check with your particular airline regarding its luggage restrictions. All airlines are strictly enforcing luggage rules; penalties for oversized or overweight luggage can be steep. Be warned that airlines have the authority to refuse to carry luggage that does not meet their regulations.

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Getting Around London

London has a comprehensive bus and underground transport system. The Underground system, know as the "tube", has 273 stations, each clearly marked with the Underground Logo. Trains run every day from about 5:30 a.m. until just after midnight, but a few sections of lines have an irregular service. Check when the last train leaves if you are relying on it after 11:30 p.m., and remember that fewer trains run on Sundays.

The 12 underground lines are color-coded and maps called Journey Planners are posted at every station. Maps of the central section also are displayed in the trains. The map shows how to change lines to travel from where you are to any station on the Underground system. Some lines, such as the Victoria and Jubilee, are simple single-branch routes; others, such as the Northern line, have more than one branch. The Circle line is a continuous loop around central London.

You can purchase individual tickets for tube and bus trips. However, it is much more convenient (and economical) to purchase a weekly or monthly travelcard. For detailed pricing information, visit the "Transport for London" web site (www.tfl.gov.uk/tube/). You can also choose to order travel cards online through the Oyster system (www.oystercard.com/). Be sure to purchase a travelcard valid for movement between travel zones 1 and 2 (since you will be traveling in both zones on a daily basis to move from residence to classrooms). Current posted rates are 21.40 (weekly) and 82.20 (monthly).

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Telephone

There are public pay phones on campus which you may use to make phone calls. There are phones in the stairwell between the flats where the guests can receive incoming calls- these are not in the bedrooms; therefore, rely on the goodwill of guests in the flats to pick the phone up. It may be useful for guests to pre-arrange a time for incoming phone calls so they can be near the phone to receive the call. A rooming list will be sent, via email, which will include the phone number for your designated flat.

The international country dialing code for UK is +44. The outgoing code is 00, followed by the relevant country code (e.g. 001 for the United States). Mobile phones work throughout the country; the network operators use GSM networks, which may not be compatible with some US cell phones. Internet cafes are available throughout London, and in the train stations and airports.

You might want to consider purchasing a telephone calling card. AT&T, Sprint, and MCI have direct access numbers that you can use and the call is then billed collect or to a calling card. You should obtain the access number and any necessary information from your long distance company. Be sure to check the prices for this service as they vary greatly from company to company.

The program faculty and staff carry the IDT calling card. We have found this economical, reliable, and easy to use. You can order a card on-line and you are able to add money to your account at anytime via the internet. The website will quote you rates for the country/countries you will be traveling in. Be sure to get the access number for the country/countries you will be visiting. You can access IDT via the internet: www.global-call.net or by phone at: 1-800-989-4382.

Weather

It is typically in the 70's and, as in every season in England, come prepared for rain!

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Suitable Precautions

It is generally safe to travel throughout the UK, although travelers are advised to take special care of their personal belongings in central London, where pick-pocketing is often reported. Keep your valuables securely concealed. If you carry a purse or a briefcase, never let it out of your sight - particularly in restaurants, theaters and movie houses, where bags have been known to vanish from between the feet of the owners.

When traveling, especially at night, you should travel in a group. Stick to well-lit streets with plenty of traffic. Avoid traveling the tube late at night, especially if you are alone. If you have no companions, try to find an occupied car - preferably one with more than one group of people or take a taxi.

For more information

Contact Kitty Atkins, Associate Director
651-523-2897 katkins@hamline.edu

 

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Hamline University School of law does not discriminate on the basis of race, color, national origin, ancestry, sex, disability, religion, age, sexual orientation, or veteran status in its education and employment programs or activities.

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