International Commercial Arbitration

As the preferred means of resolving international commercial disputes, arbitration embodies the pursuit of excellence in dispute resolution. This course examines the theory and practice of international commercial arbitration from its foundation in the New York Convention and the parties’ agreement to the way that efficiency and fairness are achieved through innovation across the legal traditions. We look at arbitration from delivery of the notice of arbitration through constitution of the tribunal and design of the arbitral process on to the hearing, the award and recourse against it. Through a combination of lectures and discussions, guest presentations, and exercises based on mock scenarios, you will gain insight into a growing area of practice in Canada that is critical to the functioning of the world economy.

Evidence

This course is an introduction to criminal and civil evidence law in Canada. Among the topics considered in the course are the following: understanding the law of evidence as law’s particular “way of knowing”; the substantive law of evidence, including basic concepts such as relevance and admissibility, exclusionary rules based on unreliability and prejudicial effects, exclusionary rules based on policy rationales, and other aspects of proof; the way that the laws of evidence work in trial practice, as well as the historical, social, political, and legal context in which they operate; the relationship between the laws of evidence and social justice, in particular the impact of the law of evidence on gender issues and Aboriginal justice; ethical issues in the law of evidence; and the effect of the Canadian Charter of Rights and Freedoms upon the law of evidence.