ARBITRATION AND OTHER ADR TECHNIQUES University of Pristina, Faculty of Law International Lecturer: Marilyn Zelin, SEAD Senior

Legal Advisor Junior Professor: Kujtim Kerveshi Course Outline, Fall 2011

Course Objective: Provide students with an understanding of arbitration and other alternative dispute resolution techniques in international commerce, including a comparison to the use of such mechanisms in Kosovo. This is a practical, interactive course that will utilize a case study approach. Course Materials: The basic texts are the USAID Manual on Mediation Law, 2011 and USAID Arbitration Law Training Materials, Sept. 2011. Specific sections of those texts and additional materials will be assigned prior to each class. The required readings must be completed prior to each class. Evaluation: Students will be evaluated based on attendance, class participation and written assignments.

Class Schedule: Nov. 1-Lecture 1: Alternative Dispute Resolution: An Overview This class will examine the nature of conflicts and disputes and various methods for settling commercial disputes, with a focus on the practical advantages of mediation and arbitration as well as institutional vs. ad hoc arbitration and mediation. Required Reading: USAID Arbitration Law Training Materials, Sept. 2011: Module 1: Introduction to Arbitration: Sections 1.3-4; 1.6-8; USAID Manual on Mediation Law, 2011: Module 1: Conflict and Alternative Dispute Resolution: Sections 1.3-6; 1.8-9

Nov. 8-Lecture 2: The Legal Basis for ADR: UNCITRAL Model Laws and Procedural Rules; New York Convention; Kosovo Laws This class will examine UNCITRALs role in the global development of arbitration and mediation as well as key concepts such as presumptive validity of international arbitration agreements. Required Reading: UNCITRAL Model Law on International Commercial Arbitration, 1985, as amended in 2006; UNCITRAL Model Rules for International Commercial Arbitration, 2010 UNCITRAL Model Law on International Commercial Conciliation with Guide to Enactment and Use, 2002; UNCITRAL Conciliation Rules, 1986 Kosovo Laws on Arbitration and Mediation Exercise: Comparison of Kosovo Laws on Arbitration and Mediation and UNCITRAL Model Laws

Nov. 15-Lecture 3: Alternative Dispute Resolution in International Business: Key Issues (why international businesses prefer ADR); Ad Hoc vs. Institutional Arbitration and Mediation During this class we will discuss why international businesses prefer ADR and where they choose to use ADR and why. We will also consider the use of ADR to resolve commercial disputes in domestic (non-international) cases. Required Reading: USAID Arbitration Law Training Materials: Module 1: Introduction to Arbitration: Section 1.9 2010 International Arbitration Survey: Choices in International Arbitration, http://arbitrationchoices.whitecase.com Avoiding the full court press: international commercial arbitration and other global alternative dispute resolution processes, Winston Stromberg, Loyola of Los Angeles Law Review. http://llr.lls.edu/docs/40-4stromberg.pdf

Exercise: Selecting the appropriate form of dispute resolution: USAID Arbitration Law Training Materials: Module 1: Section 1.10

Nov. 22- Lecture 4: The Role of the Neutral (Arbitrators and Mediators)/Arbitrator and Mediator Ethics (impartiality and independence) During this class we will discuss the role of arbitrators and mediators as neutral third parties and the duty of independence and impartiality. Guest Lecturer: Marie Milks, Retired Judge, Hawaii State Court, Mediator and Arbitrator at the Dispute Prevention and Resolution Center Required Reading: American Bar Association/American Arbitration Association Code of Ethics for Arbitrators in Commercial Disputes Chartered Institute of Arbitrators (CIArb) Code of Professional Conduct and Ethics for Members International Bar Association Guidelines on Conflicts of Interest European Code of Conduct for Mediators Exercise: Interviewing Arbitrator/Mediator; Drafting the Statement of Independence

Nov. 29-Lecture 5: Drafting Dispute Resolution Clauses in International Contracts This class will discuss the importance of pre-dispute ADR agreements and review best practices in drafting ADR clauses. Guest Lecturer (via Skype): Mark Appel, Senior Vice President, International Centre for Dispute Resolution Required Reading: ICDR Guide to Drafting Dispute Resolution Clauses Exercise: Drafting ADR Clauses for resolving disputes in Kosovo

Dec. 6-Lecture 6: Mediation of Commercial Disputes This class will discuss the use of mediation to resolve international and domestic commercial disputes. We will examine what types of disputes are appropriate for mediation, pre and postdispute agreements to mediate, and forms of court-referred/annexed mediation. This will be followed by the students conducting a simulated mediation. Required Reading:

European Union Directive 2008/52/EC on certain aspects of mediation in civil and commercial disputes Exercise: Mock Mediation

Dec. 13-Lecture 7: Mediation of Commercial Disputes (continued) Dec. 20-Lecture 8: The Arbitration Procedure During this class we will discuss how to commence the arbitration (statements of claim and defense), preparation for arbitration and the arbitration proceedings. This will be followed by the students conducting a simulated arbitration and drafting an arbitral award. Required Reading: USAID Arbitration Law Training Materials: Modules 7-9: Arbitral Proceedings; Oral Hearings; Arbitral Award Kosovo Arbitration Rules 2011 Exercise: Draft statements of claim and defense

Dec. 27-Lecture 9: The Arbitration Procedure (continued)

Jan. 3-Lecture 10: ADR in the United States Guest Lecturer: Dawn Shock Required Reading: TBD Exercise: TBD

Jan 10-Lecture 11: The Development of ADR in South-East Europe Guest Lecturer: Professor Dr. Alan Uzelac, Zagreb University Faculty of Law Required Reading: TBD Exercise: TBD

Jan. 17-Lecture 12: Arbitration and Mediation at the ICC Guest Lecturer: Galina Zukova, Counsel, International Chamber of Commerce Required Reading: ICC Rules 2012 Exercise: TBD

Jan. 24-Lecture 13: Multi-Party Contract Arbitration Guest Lecturer: Anne Marie Whitesell, Senior Vice President, International Centre for Dispute Resolution Required Reading: TBD Exercise: TBD

Jan 31-Lecture 14: The Future of ADR in Kosovo Required Reading: TBD Exercise: TBD