TEACHING ARBITRATION LAW: CORE PURPOSES

Abstract

As with any teaching endeavor, teaching arbitration requires decisions on what is to be taught and how to teach it. Neither the “what” nor the “how” may be determined, without first addressing the question of why. What one teaches, and how it is taught must be grounded in a decision about why the course is being offered. And most importantly, it is not teaching arbitration, but rather it is learning arbitration, that matters. Teaching arbitration may be addressed in many ways. A focus on arbitration brings distinctions between arbitration and litigation, domestic arbitration and international arbitration, commercial arbitration and investment arbitration, between understanding law and understanding practice. Any discussion of teaching arbitration will necessarily be affected by the mental state of the participant in the discussion. This article is aimed at providing useful suggestions for those who teach arbitration, and to persuade to give serious thought to additional coverage, some teachers to include a bit of arbitration in their first-year courses, and encouraging the continued growth of fine teaching materials on arbitration.