50260 - DISPUTE RESOLUTION IN A GLOBALIZED WORLD
Department of Law
Course taught in English
ACME (6 credits - I sem. - OP | IUS/13) - AFC (6 credits - I sem. - OP | IUS/13) - AI (6 credits - I sem. - OP | 12 credits IUS/13) - CLELI (6 credits - I sem. - OP | IUS/13) - CLMG (6 credits - I sem. - OP | IUS/13) - DES-ESS (6 credits - I sem. - OP | IUS/13) - DSBA (6 credits - I sem. - OP | IUS/13) - EMIT (6 credits - I sem. - OP | IUS/13) - ESS (6 credits - I sem. - OP | IUS/13) - FIN (6 credits - I sem. - OP | IUS/13) - GIO (6 credits - I sem. - OP | IUS/13) - IM (6 credits - I sem. - OP | IUS/13) - MM (6 credits - I sem. - OP | IUS/13) - PPA (6 credits - I sem. - OP | IUS/13)
Course Director:
CATHERINE ROGERS
CATHERINE ROGERS
Suggested background knowledge
For this course, students would benefit from a background knowledge of civil procedure, private international law (known as conflict of laws in the US), comparative law, and public international law.
Mission & Content Summary
MISSION
In today's globalized world, legal disputes rarely confine themselves to a single national legal system, but instead often produce parallel and overlapping proceedings, fragmented legal rules, and strategic unpredictability. States, corporations, NGOs, and individuals need lawyers equipped to navigate that complexity. This course aims to prepare students to grapple with basic issues of jurisdiction, enforcement, and forum shopping, but also the political and institutional dynamics of international dispute systems. In today’s interconnected world, legal disputes rarely confine themselves neatly to a single jurisdiction. Instead, lawyers frequently face multiple overlapping proceedings, fragmented legal rules, and strategic unpredictability. States, multinational corporations, NGOs, and individuals alike need skilled lawyers who can deftly navigate these complexities. This course equips students to master fundamental issues such as jurisdiction, enforcement, and forum shopping, and to critically analyze the institutional dynamics that shape international dispute systems. Students will hone the practical legal skills and strategic insight needed to advise diverse clients, craft compelling arguments, draft effective agreements, and devise innovative legal solutions. Whether advocating for sovereign states, corporations, or human rights organizations, students will emerge ready to act confidently and think creatively to resolve complex, multi-national disputes.
CONTENT SUMMARY
This course provides students with the theoretical frameworks to master cross-border aspects of international disputes and the technical and practical tools they need to plan for, manage, and resolve them.
Topics covered will include:
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Why international disputes multiply and rarely stay in one forum: How overlapping legal systems, treaty regimes, and stakeholder interests create legal and strategic complexity
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Negotiating before arbitrating: The role of diplomacy, mediation, and early settlement strategies in defusing international and investor-state conflicts
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The architecture of international arbitration: Core legal frameworks, including the New York Convention, ICSID Convention, UNCITRAL Model Law, and institutional rules
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Designing arbitration clauses with foresight: Drafting enforceable arbitration agreements and understanding how small choices affect jurisdiction, procedure, and outcome
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Strategic decision-making in arbitration: Choosing between ad hoc and institutional arbitration, managing multi-party and multi-contract disputes, and dealing with parallel proceedings
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Investment arbitration under pressure: Key features, evolving critiques, and reform debates surrounding ISDS and investor-state tribunals
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Public values in private processes: How human rights, environmental concerns, and transparency are reshaping international arbitration norms
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The expanding ecosystem of dispute resolution: The roles of the UN, regional organizations, and hybrid tribunals in managing state and cross-border private disputes
Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
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Advise clients strategically on options for resolving international disputes, assessing the legal, procedural, and political implications of arbitration, mediation, and other mechanisms
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Select and defend appropriate forums and mechanisms for resolving investor-state, inter-state, and transnational private disputes
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Identify and interpret the treaties, laws, and institutional rules that govern international arbitration and cross-border dispute resolution
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Explain the structure and functioning of key dispute resolution systems, including ICSID, UNCITRAL, the PCA, WTO panels, and regional bodies
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Critically assess the strengths, weaknesses, and legitimacy of different mechanisms in diverse legal and geopolitical contexts
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Apply legal knowledge creatively to real-world disputes, including those involving parallel proceedings, fragmented legal regimes, and political or institutional constraints
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
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By the end of the course, students will be able to:
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Use international and transnational legal materials—including treaties, arbitral rules, and institutional frameworks—to advise clients involved in international disputes
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Apply conflict-of-law principles and jurisdictional rules to navigate overlapping legal systems and parallel proceedings
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Identify and interpret multilevel legal instruments for protecting rights and resolving disputes across borders
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Evaluate and select appropriate dispute settlement strategies for states, individuals, corporations, and NGOs, taking into account legal, political, and institutional constraints
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Develop and defend persuasive arguments for choosing one dispute resolution mechanism over another in hypothetical and real-world scenarios
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Translate legal knowledge into strategic advice, demonstrating an ability to think creatively and act effectively in complex, multi-jurisdictional contexts
Teaching methods
- Lectures
- Guest speaker's talks (in class or in distance)
- Practical Exercises
- Individual works / Assignments
- Collaborative Works / Assignments
- Interaction/Gamification
DETAILS
Students are provided with case studies to analyze and discuss. Live and online engagement with both 'problem-style' (i.e. practical) and 'essay-style' (i.e. reflective) questions.
Assessment methods
| Continuous assessment | Partial exams | General exam | |
|---|---|---|---|
|
x | x | |
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x |
ATTENDING STUDENTS
Class participation in discussions will constitute 20% of the final grade.
The final exam will constitute 80% of the grade. The exam will consist of a combination of one open-answer question essay question involving analysis of a hypothetical fact pattern, multiple-choice and short-answer questions. There will also be a take-home exam after the in-class exam, in students will evaluate their own exam answers using artificial intellgence.
Additional details and sample exam questions will be distributed in class.
NOT ATTENDING STUDENTS
The written exam/s will constitute 100% of the grade. The exam will consist of a combination of one open-answer question essay question involving analysis of a hypothetical fact pattern, multiple-choice and short-answer questions. There will also be a take-home exam after the in-class exam, in students will evaluate their own exam answers using artificial intellgence.
Additional details and sample exam questions will be distributed in class.
Teaching materials
ATTENDING AND NOT ATTENDING STUDENTS
REQUIRED MATERIALS
Cases, materials and articles discussed (to be posted on BBoard)
RECOMMENDED READINGS
Additional readings to be provided and assignments specified in day-by-day syllabus
Last change 07/07/2025 07:37