Summer Academy in International Commercial Arbitration 2008 (GSU College of Law/Johannes Kepler University Linz Study Program)
The College of Law, in cooperation with its partner institution, Johannes Kepler University of Linz, Austria, is pleased to announce the open registration period for the Summer Academy in International Commercial Arbitration 2008. This Program, a unique curricular opportunity for academic credit toward the award of the Juris Doctor degree, offers an exciting European dimension in legal study which is not otherwise available in the College of Law. This notice is intended to provide interested persons with basic and necessary information regarding this important Program of the College.
I. The Program The Summer Academy in International Commercial Arbitration (SAIICA) provides students of the GSU College of Law and other accredited U.S. law schools with a formal opportunity for studies in extrajudicial civil dispute resolution in an international and comparative context by exposing them through curricular and extracurricular educational experiences to commercial arbitration in a continental, civil law (especially Austrian and Italian) context. The availability of such opportunities for the student advances the academic Program and mission of the College to provide suitable and appropriate curricular and extracurricular access to training in international, foreign, and comparative law, together with skills in civil dispute resolution, both foreign and domestic.
The SAIICA consists of two separate three semester hour courses (Seminar in Comparative Law [International Commercial Arbitration] and Seminar in European International Commercial Arbitration) conducted primarily in Linz, Austria, but including formal visits and instruction at educationally relevant sites at arbitration courts in Vienna, Munich, Venice, Salzburg and Milan. The Seminars are: Seminar in Comparative Law (International Commercial Arbitration) This Seminar addresses the basic principles relevant to commercial arbitration as a dispute resolution device in international commerce within the context of different national legal orders, including a consideration of the history and origins of arbitration in the resolution of international trade and commercial disputes; the relation of international commercial arbitration and the national and international legal order; the arbitration agreement, with special emphasis on the arbitral clause as it relates to the scope of arbitrability; the arbitral process prior to award, inclusive of a review of the procedural rules of major international arbitral institutions; the authority of arbitrators in the arbitral process; special procedural issues in the conduct of international commercial arbitration such as pre-award attachment; provisional remedies; discovery; and judicial intervention in international commercial arbitration; and the arbitral award and its enforcement, with emphasis on national law and international agreements supporting the recognition and enforcement of international commercial arbitral agreements and awards, especially the United Nations Convention and national legislation adopted to implement it. Seminar in European International Commercial Arbitration This seminar serves as an introduction to legal concepts, doctrines and principles bearing on the current status of international commercial arbitration as a dispute resolution mechanism alternative to litigation in Central European court systems. Course objectives include exposure of the student to the basic features of Central European systems of international commercial arbitration and to an examination of the legal framework of international commercial arbitration in Central Europe, including its regulation through conventions and treaties, national legal regimes, and elements of local practice in selected Central European nations. Arbitral rules of selected Central European commercial arbitration agencies are addressed in the seminar. The seminar is conducted at predetermined venues in Europe and it includes field visits and site excursions to major arbitral institutions on the European continent. These visits are an integral feature of the seminar and provide the student with first hand knowledge regarding the agencies concerned. The Program relates to the socio-legal environment of its host nation, the Republic of Austria, through its incorporation of Austrian and other Central European models of extrajudicial civil dispute resolution and commercial arbitration as educational platforms of instruction in alternative dispute resolution in a continental, civil law context. In addition, the Program’s emphasis on its academic objectives (international commercial arbitration generally) patently includes an international and comparative focus. Neither of the courses offered through the Program -- a three semester hour Seminar in Comparative Law (International Commercial Arbitration) and a three semester hour Seminar on European International Commercial Arbitration -- will focus exclusively on American Law, and each will offer the student access to substantial international and comparative dimensions of their respective focuses of inquiry. In order to ensure that the academic content of the courses (Seminar in Comparative Law [International Commercial Arbitration] and Seminar in European International Commercial Arbitration) offered through the SAIICA are of high quality and that the evaluation of student performance in those courses meets standards equivalent to those of the on-campus Program of the College of Law, the primary instructor in each course will be a regularly appointed, full-time member of the tenure-track faculty within the College itself or a regularly appointed member of the adjunct faculty of the College and thus subject to the same quality assurance, supervisory, and oversight factors as any other member of the law faculty in the discharge of teaching responsibilities. For this reason, a syllabus for each course will be filed prior to its execution with the College’s Associate Dean for Academic Affairs for review, comment and -- if necessary -- revision in order to ensure conformity with the course content and structural requirements of the College. It is expected that the primary instructor in each of the courses will be assisted in substantial fashion by guest lecturers chosen for special expertise, but these will participate in the courses only at the direction and under the supervision of the primary instructor. Evaluation of students in both courses offered through the Academy is by means of written final examinations of approximately two hours duration each. These final examinations administered at the end of the courses for student evaluation purposes will be composed, administered and evaluated by the primary instructors in each relevant Seminar in accordance with the standards and procedures which prevail in the College of Law, with administrative assistance from others as may appear necessary under the circumstances. The academic host institution for the Program -the Institut für Europaeisches und Oesterreichisches Zivilverfahrensrecht (Institute for European and Austrian Civil Procedure), of Johannes Kepler University, Linz (Director, Prof. Dr. Alfred Burgstaller)- is an official and fully-accredited institution of higher education maintained and supported by the Republic of Austria. Since the Summer Academy in International Commercial Arbitration is designed as a self-supporting activity of the College of Law and therefore receives only minimal funding from the regular budget of the College, it is not anticipated that the conduct of this Program will have any impact to any degree whatsoever on the regular educational, administrative, logistic or financial posture of the College. Currently projected in-state tuition (subject to change by action of the Board of Regents) for the courses in the Program is $2112 for 6 semester credit hours (two three-hour seminars); projected out-of-state tuition for the courses in the Program is the same, with the addition of a small administrative fee of $250; additional Program costs are $2,600.00. It is presently believed that the University’s activity fee (but not its technology fee of $50) will be waived for this off-campus activity. Payment of program costs are due as follows:
1. January 15, 2008: $800, which includes a $500 nonrefundable deposit due in order to reserve your space in the program, to be credited toward the program fee. 2. February 15, 2008, the balance of the program fee and tuition in full.
Failure to make timely payments in accordance with this directive may be deemed a forfeiture of the student’s place in the program if other applicants are waiting for an open position. These payments include hotel accommodations for the 30 nights in residence in the Program on a double occupancy basis at the Sommerhaus Hotel, a three-star rated facility operated in Linz (with a single room option available at a surcharge of $200); daily breakfast for each of the 30 days of the Program of the Academy; all ground transportation associated with the Program, including a pass for use on all public transportation facilities in Linz for the period of residence in that city (streetcars and busses); basic health and accident insurance for the duration of the Program; and all other common costs, including numerous lunches, dinners, receptions and a variety of other sponsored activities in and around Linz, Munich, Salzburg, Venice, Vienna, and Milan. All other costs (including the tuition payable to Georgia State University and all personal expenses and transportation to and from Europe) are the responsibility of the participating student. Historically, personal expenses in Austria are typically between 5% to 10% higher for the same or similar goods or services than in the Atlanta area.
II. FACULTY AND STAFF The Director of the SAIICA and primary instructor in each of the Seminars sponsored by the Academy is Professor E. R. Lanier of the GSU College of Law. Professor Lanier is an experienced administrator (Interim Dean [1985-1986] and Interim Associate Dean for Development [1986-1987] of the College of Law) and a seasoned educator in the fields of international and comparative law which he has taught at the College and at various law faculties abroad as Visiting Professor (University of Bielefeld, Germany [1977-78]; Ecole Superieure de Commerce de Paris [1983]; Westminister College, Oxford, U.K. [1983]; the University of Linz, Austria [1992-1999 and in 2005-2007]; and the University of Warsaw [2000; 2003]. He is an Associate Member of the International Academy of Comparative Law and, during the decade of the 1980's, conducted almost a dozen law-oriented Programs for American attorneys, judges, and law students sponsored by the Carl Duisberg Foundation (Köln), a function he has also performed at the University of Linz. Professor Lanier speaks German and is knowledgeable about Austria and other nations of Central and Eastern Europe as a consequence of his initial appointment as Visiting Professor at the University of Linz in 1992 and his long-term visits at that University each year since 1992.
III. EDUCATIONAL PROGRAM
Title Credit* Days & Time Total Classroom Minutes Exam Time (Total Minutes) Professor
1. Seminar in Comparative Law - 3 SemesterHours TBA 2,100 minutes 120 minutes Prof. E. R. Lanier
2. Seminar on European International Commercial Arbitration - 3 Semester Hours TBA 2,100 minutes 120 minutes Prof. E. R. Lanier
One of the central features of the Program is the opportunity it affords to participating students to visit relevant legal institutions and agencies in Europe. In 2008, these will include the following visits to legal institutions: VISITS TO LEGAL INSTITUTIONS NUMBER OF CREDITS AWARDED FOR EACH VISIT
Vienna International Arbitral Centre, Vienna
220 minutes
Milan Arbitration Court, Milan
220 minutes
Munich Bar Association
220 minutes
Venice Arbitration Court (Venice or Mestre)
220 minutes
Although the materials (including textbooks) required for the substantive curriculum of the Academy are self-contained and are made available for purchase to all participating students for their personal use and retention during and after the conduct of the courses, the library resources of the Summer Academy are also available to and accessible by each participating student. These include substantial materials in the English language pertaining to American law generally and dispute resolution techniques in particular.
IV. STUDENTS
It is anticipated that no more than forty-five students will be enrolled as participants in the 2008 SAIICA. Approximately thirty-five (35) paid registrants will be necessary to operate the Program. Law students who have completed one year of full- or part-time law study, and who are in good standing at the GSU College of Law or another ABA-approved law school, or law school approved by the appropriate state accrediting agency, and whose admission is consistent with the ABA Standards for Accreditation, are eligible for admission to the Program. In the case of an applicant for participation from a law school other than the GSU College of Law, a letter from the Dean or the Associate Dean of the applicant’s home institution, certifying the student’s eligibility for admission to the Program under these criteria, is required in addition to a certified copy of the transcript of the student maintained by the home institution. Acceptance of any credit or grade for any course taken in the Program is subject to determination by the participating student’s home institution. Students should be aware of the fact that it is unlikely that participation in foreign summer Programs may be used to accelerate graduation from law school. Students from law schools other than the GSU College of Law who participate in the Summer Academy in International Commercial Arbitration and who are, in addition, interested in accelerating their graduation from law school, should refer to their home schools to review this issue in light of the Standards for Accreditation of Law Schools of the American Bar Association.
V. PHYSICAL FACILITIES
Classrooms To Be Utilized By Program: Classrooms which may be utilized by the SAIICA are all located at the residential facilities at which participating students will stay during their studies in Linz. They are of modern construction featuring all technologically advanced facilities such as computer/internet access (by way of internal links to a mainframe computer) and appropriate teaching aids, including overhead projectors and sound systems where needed. Well lighted and ventilated, the classrooms projected for use in the Program are equal or superior to classroom space typically utilized in American law schools for similar purposes. Specific assignment to definite classroom spaces will take place after the close of registration of participants in the 2008 Program, at which time exact numbers (and, hence, space requirements) are known. Equipment Necessary for Teaching Scheduled Courses: All classrooms considered for use in the Academy are equipped with standard teaching equipment such as podia, sound systems (where needed), overhead projectors, blackboards, easels, and other such equipment. An inventory of additional, somewhat more advanced, audio-visual equipment such as videotape recorders, film projectors, and computer file reader/projectors are also readily available for use by instructors in the Academy upon request. It is not anticipated at the present time that any necessary teaching equipment will be unavailable for use during the period of the Program. Study Space for Students: In addition to the space available for study purposes in their assigned hotel rooms, The Sommerhaus Hotel -- where the students will reside while in Linz during the Program -- also contains abundant common space in its cafeteria and in the common rooms found on each floor of the hotel which are suitable for study purposes. Common Areas: Abundant common areas are available to participating faculty and students at the Sommerhaus Hotel (the residential facility which will be used in Linz during the Program). At the hotel in Linz a restaurant featuring local Austrian food and beverages is available, as are recreational facilities including an Olympic-size swimming pool and sauna. Tennis courts, open to participants in the Program, adjoin this hotel. Each floor of the hotel, in addition, features a spacious common area suitable for study or conversation; cooking facilities; and dining spaces, together with verandas overlooking the city of Linz, the Danube River, and an excellent view (weather permitting) of the Alps to the south of Linz.
VI. HOUSING
The housing provided for participants in the Academy while in Linz (students and visiting faculty alike) consists of rooms in the Sommerhaus Hotel, a modern twelve story, three-star rated residential facility which was constructed and is now maintained and operated by an agency of the Upper Austrian provincial government. The rooms -- typically occupied by student participants on a double basis, but available to them as single rooms for a small surcharge of $200 per month -- are spacious and well-appointed, have all standard safety features (including double-lock doors, fireproofing, and fire alarms), and are soundproofed and equipped with color television, telephones (with wake-up call service), and computer/internet access. Daily house-cleaning services are also featured. Students are assessed approximately $26 per night while in residence at the hotel, payable through the administration of the Academy. The hotel is located approximately a quarter mile from street car lines to central Linz. Housing made available to Academy participants in Austria is, in general terms, of the same or higher quality as housing normally used by law students in the United States. Public consciousness in Austria, Italy and Germany with respect to physical environmental challenges to the disabled and public legal requirements designed to ameliorate these special difficulties are as advanced -- and perhaps more so -- than that presently in evidence in the United States. For this reason, all public facilities used in the Academy in Austria (classrooms, hotel accommodations, university facilities and the like) are all adapted so as to be accessible to those with physical disabilities. Similarly, virtually all private facilities within the urban centers of Austria, and all of those used by the Academy (restaurants, shopping venues, and other such locations), are also wheel-chair accessible.
VII. CANCELLATION OF PROGRAM
The Summer Academy in International Commercial Arbitration is subject to cancellation, within the sole discretion of the Program Director, for any of the following reasons: 1. Unavailability of a primary instructor for either of the courses which are a constituent element of the Program; 2. Insufficient student paid registrations in the Program; 3. Unavailability of necessary physical facilities in Linz or any substituted institution; 4. An unanticipated increase in the costs associated with the conduct of the Program including, but not limited to, air transportation costs; costs of living accommodations; costs associated with the execution of the Program’s curricular or extracurricular agenda; or other costs deemed by the Director to be necessary for the reasonable execution of the curricular or extracurricular elements of the Summer Academy in International Commercial Arbitration; 5. The declaration by the United States Department of State that Austria or any other nation to be visited in the course of the Program is an “Area of Instability;” or 6. The issuance by the United States Department of State of a “Travel Warning” with respect to Austria or any other nation to be visited in the course of the Program. In the event of the occurrence of any basis for cancellation of the Program as set forth above, the Director will first consider whether reasonable alternatives exist which, if adopted, would permit the conduct of the Program in substantial conformity to its original intent and design. If so, such modifications to the original plans for the Program will be communicated to participating or interested students who will be afforded, on the basis of the advice provided them in this regard, an opportunity to remain with the Program as modified or to withdraw from the Program with such refunds as can reasonably be made at that juncture in accordance with the provisions of the Criteria for Approval of Foreign Summer Programs of ABA-Approved Law Schools. Although no result can be guaranteed, the Director will, in every instance, make every reasonable effort to secure a full refund of all unexpended or unencumbered funds to a withdrawing student, whether such refund is to be made prior to the beginning of the Program or during the course of its execution abroad in accordance with the provisions of the Criteria for Approval of Foreign Summer Program of ABA-Approved Law Schools. Prior to the departure of the Director from the United States, he will be responsible for monitoring the issuance of any State Department Advisory which might reasonably bear on the conduct of the SAIICA; after his departure from the United States, this responsibility will be assumed by the Associate Dean for Administrative Affairs of the GSU College of Law. The Associate Dean will, upon receipt of any such Advisory, communicate it immediately to the Director. Upon receipt of any such Advisory by the Director, it will be evaluated for its impact on the safety of the participating students and faculty and communicated to the Program participants for their consideration. If, in the judgment of the Director, a substantial risk of physical harm or other impairment of safety and security of participants exists, he may in his sole discretion cancel the unexecuted portion of the Program, in which event he will make such immediate arrangements as may be feasible for the return (or opportunity to return) of all participants to the United States. Refunds will be made to participants in accordance with the provisions of the Criteria for Approval of Foreign Summer Program of ABA-Approved Law Schools. Moreover, any student may, upon receipt of any such Advisory, elect to withdraw from further participation in the Program in which event the Director will make every reasonable effort to secure a refund to such withdrawing participant of all unexpended or unencumbered funds in accordance with the provisions of the Criteria for Approval of Foreign Summer Program of ABA-Approved Law Schools. If changes in the course offerings or other significant aspects of the Program occur, applicants who have paid a deposit or registered are accorded an opportunity to obtain a full refund of all fees paid.
VIII. MISCELLANEOUS INFORMATION
Internal complaints regarding the Program will be routed to the Director for review, evaluation, and resolution. If a resolution satisfactory to the complainant is not achieved, opportunities will be provided for further review through the normal administrative channels of the College of Law (i.e., the Associate Deans and the Dean of the College) and University (i.e., the Provost and President). Students not having US nationality and not having a US passport are required to make their own arrangements for visas required by the travel entailed in the Program.
IX. ATTENDANCE POLICY
Because of the Program’s ABA accreditation, there are a prescribed minimum number of teaching hours that must be met. Therefore, attendance at all classes and Program functions is mandatory. Failure to attend any of the required seminars constitutes sufficient grounds for the Director to terminate a student’s participation in the SAIICA, resulting in a student being unable to take the exams, attend lectures, and all other Academy group activities (dinners, receptions and the like) and unable to fulfill the requirements for the award of academic credit. In addition, it is not possible to accommodate requests that a student join the Program after the beginning date of the Program (May 16, 2008) or leave it before the close of the Program (June 15, 2008).