GB110 Study Guide - Final Guide: Foreign Sovereign Immunities Act, Lex Mercatoria, Comity
14 Feb 2018
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Chapter 1: us legal system: alternative dispute resolution, negotiation: parties seek to resolve the dispute themselves. Simplest, least costly, parties can control the process, lawyers may or may not be involved: mediation: neutral third party helps parties keep lines of communications open and find common ground, advantages: Faa provides guidelines for arbitration for interstate commerce: advantages, arbitration proceedings are confidential, parties choose the arbiter and the location of proceedings, the arbitration process is more streamlined and easier for parties to understand, disadvantages: Less suited to multiparty litigation because arbitration tribunals do not have the power to bring into the lawsuit any party who has not voluntarily agreed to arbitration. Chapter 2: ethics: deontological - duty based - duty (deon) and science (logos, look to the motivation and principles behind the action. Do what you ethically ought to do regardless of consequences: teleological - outcome based - end or purpose (telos, consequentialism, seek the act with maximum value.
