LAW599
Arbitration
(Meshel)
Prerequisite courses:
Prerequisite for:
Instructor(s): Professor Tamar Meshel
Course credit: 3
Method of presentation: Lecture/seminar
METHOD OF EVALUATION
The method of evaluation in this course is a final exam worth 100% of the Grade.
Although there is no participation mark in this class, material will be presented in a manner that invites and is enhanced by student participation. As a result, students are expected to come to class having completed the assigned readings and ready and willing to participate.
COURSE DESCRIPTION
This course provides an overview of the fundamental statutory and common law principles governing contractual arbitration in Canada, as well as an introduction to contractual arbitration under U.S. law and to international arbitration.
Contractual arbitration clauses have become ubiquitous in domestic and international commercial dealings, as well as in the employment and consumer contexts. These clauses allow parties to resolve their disputes out of court and to design much of their dispute resolution procedure.
Legislatures and courts in Canada and abroad have created a complex body of statutes and case law that governs the enforceability and effect of domestic and international arbitration agreements and awards. In addition, international treaties have been devised to govern certain international arbitrations, and arbitration institutions have become important rule-makers in the field. While fundamentally a matter of contract, arbitration also involves important public policy and access to justice issues. Legal reform with respect to certain aspects of arbitration is constantly being debated.
Please note that this course does not cover labour arbitration (which is addressed in a separate course). Also note that this is not a clinical course, and therefore we will not do a simulated arbitration.
SPECIAL COMMENTS
Description updated 2023-24. Please contact the instructor for any specific questions you may have related to this particular course section.
REQUIRED TEXTS (IF ANY):
TBD