Faculty and Administration Profiles

Margaret L. Moses

About

Margaret L. Moses' SSRN Website

Professor Moses is an internationally recognized scholar in the field of international commercial arbitration. Her treatise on international commercial arbitration, first published in 2008 by Cambridge University Press, has received favorable reviews in publications around the world. A second edition was published in 2012, and a third edition in 2017. Her teaching and writings are informed by her participation as an arbitrator under the auspices of the International Chamber of Commerce, Court of Arbitration, and the American Arbitration Association's International Centre for Dispute Resolution.

In addition to arbitration, her areas of interest and research include international letters of credit, international business transactions, international trade finance and the right to a jury trial. She has published numerous law review articles on both domestic and international arbitration, as well as on international letters of credit, good faith, and other topics. In addition to appearing in leading U.S. law reviews, her articles have been either published or reprinted in Australia, Switzerland, Belgium, Austria, England and India. She has been an invited speaker at national and international conferences in many different countries.

In addition, her scholarship with respect to the jury trial right in connection with Revised Article 5 of the Uniform Commercial Code (Letters of Credit) led a number of states, including New York, New Jersey and Pennsylvania, to adopt a non-uniform version of Article 5. The non-uniform version did not include the curtailment of the jury trial right that is contained in 5-108(e) of the uniform version. Professor Moses also served as Vice-Chair of the ABA subcommittee that worked with the ALI on Revised Article 1 of the UCC. She became a member of the ALI in 1996. For the near future, Professor Moses' research agenda will focus primarily on domestic and international arbitration issues, as well as issues of statutory interpretation and international treaty interpretation.

Shortly after arriving at Loyola, Professor Moses began Loyola's Vis Moot Arbitration program, which sends two different teams of students to compete in Vienna and Hong Kong. Before joining the Loyola Chicago law faculty in 1998, Professor Moses practiced in New York, Paris, Milan and New Jersey. She has a JD degree from Columbia University School of Law and a PhD degree from Indiana University. She is currently the Director of the Institute of International Law and Practice. She teaches International Commercial Arbitration, International Investment Arbitration, International Business Transactions and Contracts.

Degrees

BA, magna cum laude, Agnes Scott College
MAT, Harvard University
MA, Indiana University
PhD, Indiana University
JD, Columbia University School of Law

Program Areas

International Commercial Arbitration and the CISG
International Treaty Arbitration
International Business Transactions
Contracts

Professional & Community Affiliations

Visiting Scholar, New York University School of Law, February 2016

Selected Publications

BOOKS

The Principles and Practice of International Commercial Arbitration, Cambridge University Press (2008)
Second Edition, 2012
Third Edition, 2017

BOOK CHAPTERS

Public Policy Under the New York Convention: National, International and Transnational (forthcoming 2019), in 60 Years of the New York Convention: Key Issues and Future Challenges, Fach Gómez K, Lopez Rodriguez AM (eds), Wolters Kluwer (2019).

Enforcement of Agreements to Arbitrate under the New York Convention in Arbitration of Internal Trust Disputes: Issues in National and International Law, Oxford University Press (2016).

Inherent and Implied Powers of Arbitrators, in Liber Amicorum for the Chartered Institute of Arbitrators(2014)

Inherent Powers of Arbitrators to Deal with Ethical Issues, in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, ed. Arthur Rovine (2014).

Partial Final Award, Chapter 3, in Danubia Files, a publication of six final awards arising out of the Willem C. Vis international moot arbitration competition for law schools worldwide. Originally published by the Vis Moot Foundation in 2013, the book was published in 2014 by Eleven International Publishing in the Hague, Netherlands. The award in Chapter 3 was co-authored with Jingzhou Tao, from China, and Leandro Tripodi, from Brazil.

Reasoned Decisions in Arbitrator Challenges, III Yearbook on International Arbitration 199 (2013).

Privatized "Justice", reprinted with permission of the Loyola Law Journal, in Consumer Protection: Disputes and Resolution (Amicus Books 2008).

Drafting the Arbitration Clause: Addressing the Issues, in International Arbitration and Mediation - from the Professional’s Perspective (Robert Carrow & Anita Alibekova, eds.,Yorkhill Law Publishing,(2007).

LAW REVIEW ARTICLES

How the Supreme Court's Misconstruction of the FAA Has Affected Consumers, 30 Loyola Consumer Law Review, (2017).

The Role of the Arbitrator: Adjudicator or Service Provider, World Arbitration and Mediation Review (2016).

Arbitration/Litigation Interface: The European Debate, Northwestern Journal of International Law and Business, 35 (1) (2014), to be reprinted in Private International Law ed. Symeon Symeonides (2018).

Arbitration by Default Rather Than by Consent, New York Dispute Resolution Lawyer (Fall 2014).

Ethics in International Arbitration: Traps for the Unwary
10 Loyola University Chicago International Law Review 73 (Fall/Winter 2012), Beyond Judicial Activism: When the Supreme Court is No Longer a Court, University of Pennsylvania Journal of Constitutional Law, Vol. 14, No. 1, p. 159 (2011).

The Pretext of Textualism: Disregarding Stare Decisis in 14 Penn Plaza v. Pyett, 14 Lewis & Clark Law Review 825 (Fall 2010).

Arbitration Law, Who's in Charge, 40 Seton Hall Law Review 147 (2010).

Arbitrator Power to Sanction Bad Faith Conduct: Can it Be Limited by the Arbitration Agreement? 84 Australian Law Journal, p. 82 (2010).

Expanded Judicial Review Found Impermissible under the U.S. Federal Arbitration Act, 82 Australian Law Journal 828,  (2008).

Statutory Misconstruction: How the Supreme Court Created a Federal Arbitration Law Never Enacted by Congress, 34 Florida State University Law Review 99 (2006).

Letters of Credit and the Insolvent Applicant: A Recipe for Bad Faith Dishonor, 57 Ala. L. Rev. 31 (2005).

Privatized ''Justice'', 36 Loy.U.Chi. L.J. 535 (2005).

Can Parties Tell Courts What to Do? Expanded Judicial Review of Arbitral Awards, 52 Kans. L.Rev. 429 (2004).

The Irony of International Letters of Credit: They Aren't Secure, but They (Usually) Work, 120 Banking L. J. 479 (2003).

Party Agreements to Expand Judicial Review of Arbitral Awards, Journal of International Arbitration (Summer, 2003).

The New Definition of Good Faith in Revised Article 1, 35 UCC L. J. 47 (2002).

The Jury Trial Right in the UCC: On a Slippery Slope, 54 SMU L. Rev.561 (2001).

What the Jury Must Hear: The Supreme Court's Evolving Seventh Amendment Jurisprudence, 68 Geo. Wash L. Rev. 183 (2000).

The Uniform Commercial Code Meets the Seventh Amendment: The Demise of Jury Trials Under Article 5, 72 Ind. L.J. 681 (1997).

The Impact of Revised Article 5 on Small and Mid-Sized Exporters, 29 UCC L.J. 393 (1997).

BOOK REVIEW

New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Reinmar. Wolff, ed., American Journal of International Law (2015).

KLUWER ARBITRATION BLOG POSTS

The Role of the IBA Guidelines on Conflicts of Interest in Arbitrator Challenges, Nov. 23, 2017

The Growth of Arbitrator Power to Control Counsel Conduct, Nov. 12, 2014

Will Antisuit Injunctions Rise Again in Europe?, Nov. 20, 2013 

Is Good Faith in the IBA Evidence Rules Good?, Nov. 15, 2012

Barring the Courthouse Door? Antisuit Injunctions in International Arbitration, Nov. 14, 2011

Did the U.S. Supreme Court, in its Stolt-Nielsen Decision, Make it Easier for Courts to Vacate Arbitration Awards?, Dec.14, 2010

Seminars, Lectures, Panels and Briefing

April 2018 - Presentation at Arbitration conference in Seville, Spain. Public Policy under the New York, Convention: National, International and Transnational 

March 2018 - Presentation at Arbitration conference in Belgrade, Serbia, Reasoned Decisions in Arbitrator Challenges

February 2018 - Keynote Speaker and arbitrator for ICDR Pre Moot and conference in New York, discussing the Vis Moot Program at Loyola

January 2018 - Interviewed distinguished arbitrator David Haigh, Q.C., for the luncheon program at ITA Arbitration Conference in Houston.

October 2017 - Panelist on Disqualifications of Arbitrators for International Law Week-End in New York (International Law Association, American Branch)

March 2017 - Keynote speaker at the Loyola Consumer Law Review Symposium on Forced Arbitration.

March 2017 - Provided commentary on a lecture by Professor Steve Ware from the University of Kansas at an event at Loyola sponsored by the Federalist Society.

April 2016 - Participated in a debate at an ITA/ASIL conference in DC between myself and another panelist on The Role of the Arbitrator: Adjudicator or Service Provider?

March 2016 - Lecture at the University of Zagreb Law School on Sufficiency of Arbitrator Power.

March 2016 - Keynote speaker at a Vis Pre-Moot held in the Austrian Supreme Court Building in Vienna, Austria.

February 2016 - Lecture at NYU on Arbitrator Power: The Transatlantic Divide.

February 2014 - Cross-Examination in International Arbitration, online lecture for Pace Law School, broadcast in 21 countries.

April 2013 - Lecture, International Arbitration, Issues in Museum Administration Conference, Chicago, IL

November 2012 - Lecture, Ethics in International Arbitration, Chicago Bar Association, Chicago, IL

August 2012 - Panelist, So This is Your First International Arbitration, ABA Conference, Chicago, IL

May 2012 - Panelist, Disqualification of Arbitrators, CILS conference, Salzburg, Austria

January 2012 - Keynote address, Ethics in International Arbitration, Loyola University School of Law, Symposium of the International Law Review

September 2011 - Lecture, Antisuit Injunctions in International Arbitration, Lewis and Clark School of Law

October 2011 - Presentation, Antisuit Injunctions in International Arbitration, University of Missouri School of Law

October 2010 - Presentation, The Supreme Court's Arbitration Jurisprudence, University of Oregon  School  of Law

November 2010 - Beyond Judicial Activism, When the Supreme Court is no Longer a Court, Constitutional Law Colloquium, Loyola University Chicago

March 2010 - The Pretext of Textualism, Faculty Workshop at the University of Utah

November 2009 - International Arbitration, video lecture for the Universidad Antonio Ruiz de Montoya in Lima, Peru

October 2009 - Presentation, Arbitrator Biases, ICDR conference at Santa Clara University

May 2009 - ICC International Court of Arbitration Workshop, Faculty for two-day workshop, Chicago, IL

August 2008 - Panelist, The Arbitration Fairness Act, SEALS Conference, Palm Beach, Florida

June 2008 - Lecture, The Importance of the Arbitration Clause, University of Nanterre, France

April 2008 - Presentation, Principles and Practice of International Arbitration, Chicago, International Dispute Resolution Association

April 2008 - Conference Panel Moderator, Award Enforcement under NAFTA, International Division of the American Arbitration Association

March 2007 - Presentation, The Arbitration Clause, at Arbitration Day Conference at the University of Bologna.

February 2007 - Presentation, Lowering Transaction Costs in Commercial Letters of Credit, International Conference on Contracts, Houston

June 2006 - Presentation, Drafting the Arbitration Clause: Addressing the Issues, CILS Conference on International Arbitration, Salzburg, Austria

March 2003 - Presentation, Changes in Revised Article 1 of the Uniform Commercial Code, Chicago Bar Association, Committee on Commercial and Financial Transactions

November 2002 - Presentation, Expanded Judicial Review of Arbitral Awards, CIDRA (Chicago International Dispute Resolution Association), Chicago

June 2002 - Presentation, Vacatur of Arbitral Awards, Conference on International Commercial Arbitration, Salzburg, Austria

April 2002 - Presentation, The New Definition of Good Faith in Article 1, Business Section, American Bar Association, Boston

ADDITIONAL LAW TEACHING EXPERIENCE

Rome

Summers of 2009 and 2018. Taught International Business Transactions in 2009 and International Commercial Arbitration in 2018 in Loyola summer program.

Portugal

May, 2017. Taught International arbitration course for European students at the Universidade Católica Portuguesa in Lisbon.

Croatia

Summers of 2011, 2012 and 2014. Taught International Commercial Arbitration in summer program for international students, sponsored by universities of Zagreb, Pittsburgh and Touro.

China

Summer, 2013. Taught international arbitration in summer program for Chinese students in Beijing at the University of International Relations. Also taught international arbitration in the Loyola Chicago summer program in Beijing, at the University of International Business and Economics.

Summer, 1998, taught International Trade Finance in program for Chinese students in Beijing at the University of International Business and Finance

Oxford

Summer 2002, Taught International Commercial Arbitration in Loyola Summer Program.