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    DRI Study Abroad in London, England

    Certificate Program in Global Arbitration Law and Practice: National and Transborder Perspectives

    June 15 - July 17, 2014      |       6 credits

    This program is offered in cooperation with the School of International Arbitration, part of the Centre for Commercial Law Studies (CCLS) in the School of Law at 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.

    US-News Hamline University School of Law is ranked 3rd in the nation in dispute resolution by U.S. News and World Report, (2015 Edition).

     

    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.

    As businesses, both large and small, become increasingly more global, a comprehensive professional exposure to international arbitration has become necessary to the high quality, cutting edge practice of law. The Certificate Program in Global Arbitration Law and Practice 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.

    Bringing together a diverse group of law students and young lawyers from the U.S., Europe, and Asia, this six-credit 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 two-credit courses:

    • Introduction to U.S. Arbitration Law: Domestic and International Perspectives
    • International Trade and Investment Dispute Settlement 
    • International Commercial Arbitration: Theory and Practice 

    Course Descriptions

    Introduction to U.S. Arbitration Law: Domestic and International Aspects
    2 academic credits

    Faculty: Allen Blair, Associate Professor, Hamline University School of Law

    The foundation course covers the fundamental principles and themes of U.S. arbitration law. The course begins with a thorough introduction to the history and operation of arbitration including its constituent concepts and basic institutions, as well as customary practices. 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. In addition, the Uniform Arbitration Law for states also is assessed. 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. Finally, problems relating to the enforcement of arbitral awards and other practical issues are addressed. The course includes a number of break-out sessions and a workshop component on drafting arbitration agreements.

    International Trade and Investment Dispute Settlement
    2 academic credits

    Faculty:  Norah Gallagher, Lecturer, Queen Mary, University of London Global Associate, Centre for International Law, NUS; Rémy Gerbay, PriceWaterhouseCoopers Research Fellow in Arbitration at the Centre for Commercial Law; Past Deputy Registrar of the London Court of International Arbitration (LCIA); Dr. Loukas A. Mistelis, Clive M. Schmitthoff Professor in Transnational Commercial Law and Arbitration, and Director, School of International Arbitration, Queen Mary University of London

    The legal environment for international trade and foreign investment has changed dramatically since the end of the Cold War. International trade and investment dispute resolution, in particular through international arbitration and other non-judicial dispute settlement mechanisms, has become increasingly common. Foreign investors are much more willing to pursue claims against host State, (e.g., for alleged expropriation or discriminatory behaviour). Further, public international law principles must also be considered once a state is involved. Principles addressed include state responsibility, expropriation and acts tantamount to expropriation, what comprises fair and just compensation, immunity from suit and immunity from execution. These public international law principles overlap somewhat uncomfortably with the commercial interests of foreign investors. Developments in investment arbitration and trade dispute resolution have been rapid in recent years. It is now crucial that academics and legal practitioners be aware of the complex international legal elements involved in the resolution of investment and trade disputes.

    This is a unique course combining international trade and international investment treaty disputes and is attractive to students interested in public international law and international arbitration. Teaching varies between interactive lectures encouraging student participation, traditional lectures, case studies, and seminars. Student presentations may also be required.

    International Commercial Arbitration: Theory and Practice
    2 academic credits

    Faculty: Ania Farren, Special Counsel, K&L Gates, London

    The aim of this course is two-fold: first to provide groundwork theory in relation to arbitration and second, to work with students and assist them in developing advocacy skills. The course uses an interactive workshop format and it is divided into two closely interrelated modules.

    The first module provides students with the necessary doctrinal background in relation to key arbitration topics, such as validity and interpretation of arbitration agreements, the notion of arbitrability, the importance of the place of arbitration, the role and mandate of arbitrators, the challenge and enforcement of arbitral awards. It also looks into procedural issues that frequently arise in arbitration hearings. Here students learn how to challenge the jurisdiction of an arbitral tribunal; whether it is best to challenge the tribunal's jurisdiction before a national court or the tribunal itself; how to request interim relief/injunction to support and protect their arbitral claims; how to bring a third party before a tribunal by joinder or how to bring more claims against the same party.

    All these topics are discussed by reference to arbitration case studies. Thus, during this module, students consider the factual and legal issues of three arbitration cases, which is then used for the "mock arbitration" sessions in the second module. In the second module, students focus on advocacy in arbitral proceeding. Topics include techniques to develop a winning theory of the case, the art of the opening statement, effective presentation of documentary evidence, the use of experts, cross examination, and overall interaction with the tribunal and opposing counsel. This module takes the form of three "mock arbitrations" where students apply the arbitration and advocacy theory of the previous sessions before a panel of experienced arbitrators.

    It should be noted that the course takes an international and comparative approach, looking into arbitration rules of the most well known institutions (such as the ICC and LCIA), as well as the arbitration laws of major national jurisdictions (such as England, France and Switzerland).

    London Program Faculty

    In addition to core program faculty, a number of arbitration practitioners from several high-profile law firms, such as White & Case, Wilmer & Hale, Baker Botts, Norton Rose et alia, participate in the arbitration simulation classes to provide feedback to the presentation of the students. Furthermore Adrian Winstanley, the director-general of the London Court of Arbitration, will make a presentation in relation to the role and functions of the LCIA.

    Program Administration

    Hamline University School of Law Associate Professor Allen Blair serves as the on-site faculty director for the London program. There are additional on-site administrative support personnel present throughout the program.

    Student Representation

    In 2013, 19 students were enrolled in the program, including students from 6 different U.S. law schools as well foreign law students and lawyers from 4 different countries. For 2014, we anticipate a similar mix of U.S. and European participants. Enrollment is capped at 35 students.

    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 with permission to take the Hamline courses as a visiting student.

    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, 2014

    Cost

    Tuition: $4,500 (6 credits)
    Non-refundable application fee: $250
    Program Fees: $2,350 (Includes: London accommodations; course materials and books; co-curricular visits to the London Court of International Arbitration, London legal tour, and social events.)

    The non-refundable application fee of $250 is payable with the submission of the application form. The remaining balance of $6,850 is due on or before April 15, 2014. Students seeking financial aid that have submitted a completed consortium agreement will not be required to submit the tuition/fees balance until their loans become available.

    Planning a Program Budget

    Estimated program costs:

    • $250 Application Fee
    • $4,500 Tuition (6 credits)
    • $2,350 fees
    • $1,300 approximate airfare from U.S. to Europe (this is an average and can be more or less depending on the carrier and timing of ticket purchase)
    • $1,500 miscellaneous expenses (tube pass, meals, personal expenses, etc. - this will vary depending on your spending habits)

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

    Withdrawal

    Should a student withdraw from the program on or before April 15, 2014, tuition and program fees will be refunded. A student who withdraws from the program after April 15, 2014 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 Sunday, June 15, 2014. Housing is available to students after 3 p.m. on Saturday, June 14, 2014 and must be vacated by 10 a.m. on Friday, July 18, 2014.

    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.

    Kayak.com, Travelocity.com, Travelocity.com or cheapflights.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 or 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 U.S. There are a limited number of regional passes that cannot be purchased in Europe. You can obtain all pertinent information regarding Eurail Pass purchases by visiting 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. Information about individual train schedules and tickets is available at www.eurail.com.

    Passports, Visas

    Passports are required for travel to London and are the responsibility of each student. Contact the nearest state department office or post office for further information. Lines at passport offices can be very long, especially just before the summer holidays. Plan ahead and obtain your passport early!

    U.S. citizens are not required to present a visa upon entrance into the U.K. for a short course of study. That said, in the program packet each student will receive a letter of invitation from Queen Mary, University of London which you may be asked to present, along with your round trip ticket, to customs officials upon arrival in the U.K.

    If you are a national of a country that the U.K. Border Agency defines as a visa national country, you may require prior entry clearance.  You should consult the U.K. Border Agency as well as the U.K. Visa Services. Students in need of prior entry clearance are responsible for applying for their own visas.

    Please note that student visitors are not eligible to work in the U.K. at paid or unpaid employment, including internships.

    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

    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 International Commercial Arbitration Theory and Practice course. For the International Trade and Investment Dispute Settlement 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 may be 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 U. S. Arbitration Law: Domestic and International Perspectives" 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 a 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 canceled. 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.

    Housing

    Students are housed in the graduate faciliteis 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 with free high-speed internet access, toilet and shower or bath, and small refrigerator which are arranged in flats housing 4-6 students, with each flat sharing a kitchen and dining facility. More information: Mile End campus

    Rooms are available to students after 3 p.m. on June 14, 2014 and must be vacated by 10 a.m. on Friday, July 18, 2014. You must arrive on the Queen Mary campus no later than Sunday, June 15, 2014 to participate in orientation. The New Student Village is located approximately 15 minutes away from the Centre for Commercial Law Studies (Lincoln's Inn Fields Campus) in the legal district of Central London where classes will be held.

    Steps away from the student housing is a newly renovated cafeteria, Starbucks coffee shop and modern laundry facilities. 

    The neighborhood has small and large grocery stores, restaurants and coffee shops.

    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.

    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:

    Centers for Disease Control: Health Information for Travelers to the United Kingdom  

    State Department Travel Warnings

    The most current information on travel warnings is available at the U.S. Department of State Current Travel Warning website.

    The most current Consular Information for the United Kingdom is also available online.

    ATM Machines

    Many foreign banks 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.

    What to Pack

    TRAVEL LIGHT! Students can dress casual for class but will need to bring business attire for program visits. 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.

    Getting Around London

    London has a comprehensive bus and underground transport system. The Underground system, known 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 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. Detailed pricing information is available at the "Transport for London" website. You can also choose to order travel cards online through the Oyster system. 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 the residence to the classroom). You also will have an opportunity to purchase your oyster card once you reach the Queen Mary campus.

    Telephone

    There are public pay phones on campus which you may use to make phone calls.

    The international country dialing code for U.K. 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 U. S. 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.

    Weather

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

    Suitable Precautions

    It is generally safe to travel throughout the U.K., 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.

    Non-discrimination Policy

    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.