UNIVERSITY OF SALTIMORE

UNIVERSITY OF SALTIMORE 2/6/07 DOCUMENT N: COURSE AND PROGRAM DEVELOPMENT COVER SHEET See Course and Program Development Policy and Procedures forlnstrucfions SCHOOL: LAW 0 MSB CJ YGCLA CJ Contact Name: Laurie Schnitzer Phone:x4479 DEPARTMENT I DIVISION: Law School SHORT DESCRIPTION OF PROPOSAL (state name of action item 1-20 and course name, code & number I procram affected): NewCourse: International Commercial ADR PROPOSED SEMESTER OF IMPLEMENTATION: Fall 0 Sprinq 0 Year: Winter 2009 Box1: TYPE OF ACTION ADD(NEW) 0 DEACTIVATE CJ MODIFY CJ OTHER 0 Box2: LEVEL OF ACTION Non-Credit 0 Undergraduate CJ Graduate CJ OTHER 0 Box3: ACTION ITEM DOCUMENTS REQUIRED IMPACT REVIEWS APPROVAL SEQUENCE (check appropriate boxes) (see box 4 below) (see box 5 on back) (see box 6 on back) 1. Experimental Course 1 NOP a,c,e AC 2. Course Title NO ABCD 3. Course Credits NO ABCD 4. Course Number NO ABCD 5. Course Level NO ABCD 6. Pre &Co-Requisite NO ABCD 7. Course Description NOP ABCDEF 0 8. New Course NOP ABCDEF 9. Deactivate a Course NO ABCDEF 10. Program Requirements NO b,c,d,e ABCDEF 11 a. UG Specialization (24 credits orless) NO a, b,c,d,e ABCDEF 11 b. Masters Specialization (12 credits orless) NO a,b,c,d,e ABCDEF 11c. Doctoral Specialization (18 credits orless) NO a,b,e ABCDEF 12. Closed Site Proaram NOT e ABCDHIK 13. Program Suspension 9 NO,S a,e ABCDEGIK 14a. Certificate Program (ug/g) exclusively within existina dearee proaram NO a,c,e ABCDEFHIK '14b. Certificate Program (ug/g) where degree programs do not exist orwhere courses are selected NOQR,6 a,c,e ABCDEFHJL across dearee prcqrams (12 ormore credits) 15. Off-Campus Delivery ofexistinq Procram NO,4 a, b,c,e ABCDHIL 16a. UG Concentration (exceeds 24credit hours) NO,S a,c,d,e ABCDEFGHJL 16b. Masters Concentration (exceeds 12 credit hours) NO,S a,c,d,e ABCDEFGH.IL 16c. Doctoral Concentration (exceeds 18credit hours) NO,S a,c,d,e ABCDEFGHJL 17. Proorarn Title Chance NO,S a,c,d,e ABCDEFGHJL 18. Proorarn Termination NO, 10 d,e ABCDEFGHIK 19. New Dearee Program NOQR,3,8 a,c,d,e ABCDEFGH.IL 20. Other Varies Varies Varies I Box4: DOCUMENTATION (check boxes of documents included) 0 N. This Cover Sheet Q. FullS-page MHEC Proposal T. Other 0 O. Summary Proposal R. Financial Tables (MHEC) 0 P. Course Definition Document S. Contract 1. Approval ofexperimental course automatically lapses after two offerings unless permanently approved as anew course. 2. Codes: a) Library Services (Langsdale or Law) b) Office oftechnology Services c) University Relations d) Admissions 3. Letter ofintent is required by USM atleast 30days before afull proposal can besubmitted. Letter ofintent requires only the approval ofthe dean and the provost and isforwarded to USM by the Office ofthe Provost. 4. One-page letter toinclude: Program title &degree/certificate tobeawarded; resources requirements; need and demand; similar programs; method of instruction; and oversight and student services (MHEC requirement) 5. One-page letter with description and rational (MHEC requirement) 6. One ortwo-page document that describes: centrality to mission; market demand; curriculum design; adequacy offaculty resources; and assurance program will besupported with existing resources. (MHEC requirement) 7. Learning objectives, assessment strategies; fitwith UB strategic plan 8. Joint Degree Program orprimary Degree Programs require submission of MOU w/program proposal. (MHEC requirement) 9. Temporary suspension ofprogram to examine future direction; time not to exceed two years. No new students admitted during suspension, but currently enrolled students must begiven opportunity tosatisfy degree requirements.

DOCUMENT N: COURSE AND PROGRAM DEVELOPMENT COVER SHEET (Page 2 of 2) SCHOOL: LAW 0" MSB 0 YGCLA 0 SHORT DESCRIPTION OF PROPOSAL (state name of action item 1-20 and course name, code &number I program affected): New Course: International Commercial ADR 10. Provide: a. evidence that the action isconsistent with UB mission and can be implemented within the existing program resources ofthe institution. b. proposed date after which no new students will be admitted into the program; c. accommodation ofcurrently enrolled students inthe realization oftheir degree objectives; d. treatment ofall tenured and non-tenured faculty and other staff inthe affected program; e. reallocation offunds from the budget ofthe affected program; and f. existence atother state public institutions ofprograms towhich toredirect students who might have enrolled inthe program proposed for abolition. 11. University Council review (for a recommendation tothe President orback tothe Provost) shall belimited to curricular oracademic policy issues that may potentially affect the University's mission and strategic planning, orhave a significant impact on the genj3ration orallocation ofits financial resources. Box5: IMPACT REVIEW SIGNATURES (seeprocedures for authorized signers) DATE a. Library o No impact b. OTS o No impact o Impact statement attached o Impact statement attached c. University Relations o No impact o Impact statement attached d. Admissions o No impact o Impact statement attached e. Records 0 No impact o Impact statement attached Director ordesignee: CIO ordesignee: Director ordesignee: Director ordesignee: Registrar ordesignee: Box6: APPROVAL SEQUENCE APPROVAL SIGNATURES DATE A. Department I Division Chair: B. Final faculty review body within each School C. College Dean Dean: II r \1.-<. r (j v ~ D. Provost and Senior Vice President foracademic Affairs.,,f,JV<r C". /T~ E. Curriculum Review Committee (UFS subcommittee) F. University Faculty Senate (UFS option) Chair: () (/ provost:~a" 2 (/fj '" _// _ U ( 1I/5/0?! I G. University Council (see # 11 above) Chair: H. President President: I. Board of Regents - notification only J. Board ofregents - approval K. MHEC - notification only L. MHEC - approval M. Middle States Association notification Required only if the mission ofthe University is changed bythe action

UNIVERSITY OF SALTIMORE DOCUMENT 0: SUMMARY PROPOSAL See Course and Program Development Policy and Procedures forinstructions SCHOOL: LAW 0 MSS 0 YGCLA 0 Contact Name: Laurie Schnitzer Phone: 410.837.4479 DEPARTMENT I DIVISION: Law SHORT DESCRIPTION OF PROPOSAL (state action item 1-23 and course name & number orprogram affected): Addition ofnew course: International Commercial ADR PROPOSED SEMESTER OF IMPLEMENTATION: Fall 0 Spring 0 Year: Winter 2009 0-1: Briefly describe what isbeing requested: Addition ofnew course: Selected Topics in International Family Law tobetaught only Curacao Winter Intersession Study Abroad Program. OLD Title: For new courses orchanges inexisting courses (needed by Registrar) Course # I HEGIS Code: Credits: III NEW Tit/e: International Commercial ADR Course # I HEGIS Code: LAW 594 Credits: 2 0-2: Set forth the rationale for the proposal: The use ofadr in international commercial transactions is ubiquitous. Not only has there been a tremendous geographic spread of cities and institutions offering various ADR services around the globe, but commercial interests are affirmatively engaging in the enforcement ofthe ADR process. Arbitration has become well-established but commercial parties are now desirous ofadditional ADR methods. The underlying desire, generally, is to avoid costly and time-consuming litigations or arbitrations and seek efficient commercial resolution of disputes. As arbitration has become more and more institutionalized, it is now recognized as perhaps not providing the advantages originally contemplated. Thus, mediation (conciliation) and negotiation, though often times provided for by the same institutions which provide arbitration, are becoming ever more accepted by commercial parties. In this regard, hybrid mediation-arbitration agreements are now being agreed to as well. Thus, future corporate counsel should become knowledgeable as to the possible alternative international dispute resolution methods to better serve their corporations and/or employers.

University ofbaltimore Document P: Required Format for Course Definition Document 1. Date Prepared: September 16, 2008 2. Prepared by: Curtis E. Pew, Associate Clinical Professor, Hofstra University 3. Department: School oflaw 4. Course Number(s), including HEGIS code(s): LAW 594 5. Course Title: International Commercial ADR 6. Credit Hours:2 7. Catalog Description (Paragraph should reflect general aims and nature ofthe course): Methods ofalternative International Commercial Resolution The purpose ofthis course is to introduce students to the various methods ofinternational commercial dispute resolution beyond the typical litigation venue, i.e. Negotiation, Mediation (Conciliation), and Arbitration (to include Meditation!Arbitration hybrids). Students will be familiarized with issues relevant to the proper representation ofclients before international dispute resolution institutions such as the ICC (International Chamber ofcommerce), LCIA (London Court of International Arbitration) and the ICDR (International Center for Dispute Resolution), among others. Students will be required to undertake the typical steps for an international business transaction from the corporate counsel's viewpoint to include identification ofpossible areas ofdispute and to structure a complex contractual dispute resolution provision in response to such dispute identification. Topics such as forum selection, the role of local courts before, during, and after the dispute resolution, initiating the resolution process, and applicable evidentiary issues (where appropriate) will also be covered. At the conclusion ofthe course, the students will take part in internationally-based simulation resolution mechanisms where a multi-faceted dispute will be resolved pursuant to the four approaches to dispute resolution covered in the course. 8. Prerequisites: None 9. Faculty qualified to teach course: Professors Curtis Pew 10. Course Type (check appropriate) Seminar: -=-=- x 11. Suggested approximate class size: 20-30 12. Content Outline: See attached syllabus

13. Learning Goals: (see attached) 14. Assessment Strategies: Examination: _x_ 15. Suggested Text(s) and Materials (example: textbooks, equipment, software, etc.): I will rely upon two (2) texts: Jacqueline Nolan-Healy, ET AL International Conflict Resolution Consensual ADR Processes (2005) (Reliance will be limited to Chapters 1 through 6) Thomas E. Carborneau International Litigation and Arbitration (2005) (Reliance on this case book will be limited to Chapters 1, 6 and 7) I will also rely upon reproduced materials to include select cases from the U.S., England, France and Germany, as well as journal articles relevant to the topics to be covered. (These materials are being identified and assembled.)

CONTENT OUTLINE The course will be divided into three (3) basic areas as follows: Arbitration - Introduction to applicable international commercial arbitration history, development and concepts; review of the U.N. Convention ofthe Recognition and Enforcement of Foreign Arbitral Awards; review of select provisions of the national arbitral codes of the U.S., England, France, Holland, and Switzerland; review ofleading court cases and arbitration awards dealing with international issues; and, review of select arbitral institutional rules ofthe ICC, ICDR, LCIA, CIETAC, etc. Mediation (Conciliation) - Introduction to applicable international commercial mediation history, development, and concepts; review oftypical cases ofmediation in international commerce; review of the rules and approaches being followed at such institutions as the ICC and ICDR; review of court cases concerning enforcement of mediation agreements; review the typical mediation approaches; and, review of recent proposals for hybrid approaches to mediation-arbitration of commercial disputes. Negotiation - Introduction to the concepts ofnegotiation in the international commercial setting; review ofthe rise ofcomplex multi-step dispute settlement mechanisms involving negotiation and then mediation and then arbitration ifrequired.

LEARNING GOALS The learning goals would include the following: -introduce students to the consensual approaches available in resolution ofinternational commercial disputes, -provide students with a full spectrum ofinternational applied ADR concepts -introduce students to the concepts of each ADR method and how best to pursue each method for the desired results, -identify the concepts and issues ofwhich any potential corporate counsel should be aware in either drafting or agreeing to ADR provisions in an international commercial setting, -introduce students not only to significant cultural underpinnings ofthe selected ADR methods used in particular settings but also to the steady development ofunderlying international commercial legal concepts to include "lex mercatoria" and what has been referred to as "ICC Common Law", and -develop knowledge and skills required of students interested in corporate representation or litigation in drafting ADR agreements and representing clients pursuant to such agreements.