Peter B. "Bo" Rutledge
B.A., Harvard University
M.Litt., University of Aberdeen
J.D., University of Chicago
International Business Transactions
Peter B. "Bo" Rutledge was named the associate dean for faculty development in 2013. In this role, he works closely with the law school's faculty, especially its untenured professors, to expand and promote scholarly activities. He also leads the law school's speakers committee, which helps identify prominent academic speakers to give addresses at the school.
Rutledge's teaching and research interests include international dispute resolution, arbitration, international business transactions and the U.S. Supreme Court.
He is the author of the book Arbitration and the Constitution and co-author with Gary Born of the book International Civil Litigation in United States Courts. His works have been published by Yale University Press, Oxford University Press and Cambridge University Press, and his articles have appeared in a diverse array of journals such as The University of Chicago Law Review, the Vanderbilt Law Review and the Journal of International Arbitration. He also regularly advises parties on matters of international dispute resolution (litigation and arbitration).
In 2008, the U.S. Supreme Court appointed Rutledge to brief and argue the case of Irizarry v. United States as amicus curiae in defense of the judgment below. He subsequently won the case, joining the ranks of a select few advocates who have successfully defended a judgment below when the government refused to do so. A former law clerk at the Supreme Court for Justice Clarence Thomas and the U.S. Court of Appeals for the 4th Circuit for Chief Judge J. Harvie Wilkinson III, Rutledge regularly files briefs and advises lawyers in matters before the Supreme Court and lower courts.
Given his interest in international dispute resolution, Rutledge has taught and spoken at numerous foreign universities. In 2010-11, he was a Fulbright Professor at the Institut für Zivilverfahrensrecht at the University of Vienna Law School. Foreign universities where Rutledge has been invited to speak include: Oxford University, Cambridge University, the University of Mainz, Jagiellonian University, Stockholm University and the University of Oslo.
An accomplished teacher, he has received teaching awards in the majority of his years in the legal academy, including most recently the 2009 John C. O'Byrne Award for Furthering Faculty-Student Relations.
In addition to his academic and legal work, Rutledge remains active in professional circles. He regularly advises parties on matters of international dispute resolution and has served as an expert in both litigation and arbitration. He is a listed arbitrator with the London Court of International Arbitration, the International Chamber of Commerce, the International Centre for Dispute Resolution, the World Intellectual Property Organization and the Vienna International Arbitral Center. He has testified on several occasions before Congress on pending arbitration legislation, has regularly spoken to broadcast and print media, and has given speeches to a range of professional audiences on matters such as international dispute resolution, arbitration and the Supreme Court. He currently serves as part of the American Arbitration Association's delegation to the UNCITRAL Working Group on Arbitration and is a member of the Academic Council of the Institute for Transnational Arbitration.
Before entering the teaching academy, Rutledge practiced at Wilmer Cutler & Pickering (now Wilmer Cutler Pickering Hale and Dorr), where his practice included international dispute resolution and Supreme Court matters, and at Freshfields Bruckhaus Deringer, where his practice concentrated on international arbitration.
He holds a B.A. magna cum laude from Harvard University, an M.Litt. in Applied Ethics from the University of Aberdeen (Scotland) and a J.D. with high honors from the University of Chicago, where he served as executive editor of The University of Chicago Law Review and was inducted into the Order of the Coif.
Arbitration and the Constitution (Cambridge Univ. Press 2012).
International Civil Litigation in the United States, 5th ed. (Aspen 2011) (with Gary Born).
International Civil Litigation in the United States, 4th ed. (Aspen 2007) (with Gary Born).
Articles and Book Chapters
"From Custom to Cooperative Federalism: The Case of of Judicial Assistance Treaties in the United States" in Treaties in American Law, G. Fox and P. Dubinsky, eds. (Cambridge Univ. Press forthcoming 2014).
"An Empirical Assessment of Arbitration Clauses in Credit Card Agreements" in Access to Civil Justice S. Estreicher Ed., (Cambridge Univ. Press, forthcoming 2014).
Arbitration, the Law Market and the Law of Lawyering, 38 Int'l Rev. L. & Econ. 87 (2014) (with E. O'Hara).
Sticky’ Arbitration Clauses? The Use of Arbitration Clauses after Conception and Amex, 67 Vand. L. Rev. 955 (2014) (with C. Drahozal).
"Guerilla Tactics at Other International Institutions" in Guerilla Tactics in International Arbitration (G. Horvath ed.) (Kluwer 2013).
With Apologies to Paxton Blair, 45 N.Y.U. J. Int'l L. & Pol. 1063 (2013).
"The Proportionality Principles and the (Amount in) Controversy" in American Illness, (Yale Univ. Press, 2013).
"Forum Shopping in International Arbitration - Forum Non Conveniens and Lack of Personal Jurisdiction" in Forum Shopping in the International Commercial Arbitration Context (F. Ferrari ed.) (Sellier European Law Publishers, 2013).
Contract and Choice, 2013 BYU L. Rev. 1 (2013) (with C. Drahozal).
"Schiedsgerichte in Nordamericka" in Hamburger Handbuch des Exportwirtschaftsrechts, 2nd ed. (2013) (with I. Hanefeld).
Toward a Functional Approach to the Sovereign Equality of Nations, 53 Va. J. Int'l L. 181 (2012).
Convergence and Divergence in International Dispute Resolution, 19 J. Disp. Res. 49 (2012).
“Zugang zum OGH aus Sicht der USA” in Der Zugang zum OGH in Zivil-und Strafsachen (Judicial Conference of the Supreme Court of Austria, forthcoming 2012).
Arbitration Clauses in Credit Card Agreements: An Empirical Study, 9 J. Empirical L. Studies 536 (2012) (with C. Drahozal).
TRIPS and BITS: An Essay on Compulsory Licenses, Expropriation, and International Arbitration, 13 N.C. J. L. & Tech. 149 (online ed.) (2012).
"Zugang zum Hoechstgericht aus Sicht der USA" in Zugang zum OGH in Zivil-und Strafsachen (Manz., 2012).
Contract and Procedure, 94 Marq. L. Rev. 1103 (2011) (with C. Drahozal).
Samantar, Official Immunity and Federal Common Law, 15 Lewis & Clark L. Rev. 589 (2011).
Samantar and Executive Power, 44 Vand. J. Transnat’l L. 885 (2011).
“The Proportionality Principles and the (Amount in) Controversy” in American Illness (F. Buckley ed.) (Yale University Press, 2011).
Arbitration and Kompetenz, 3 Y.B. Arb. & Mediation 217 (2011).
Decisional Sequencing, 62 Ala. L. Rev. 1 (2010).
Arbitrating Disputes Between Companies and Individuals: Lessons From Abroad, 65 Disp. Resol. J. 30 (2010) (with A. Howard).
Common Ground in the Arbitration Debate, 1 Y.B. Arb. & Mediation 1 (2009).
Arbitration Reform: What We Know and What We Need to Know, 10 Cardozo J. Conflict Resol. 579 (2009).
Introduction: The Constitutional Law of International Commercial Arbitration, 38 Ga. J. Int'l & Comp. L. 1 (2009).
Medellin, Delegation and Conflicts (of Law), 17 Geo. Mason L. Rev. 191 (2009).
"Schiedsgerichte in Nordamerika" in Hamburger Handbuch des Exportrechts (Dieckmann, 2009) (with Inka Hanefeld).
"United States Arbitration Law," in Practitioner's Handbook on International Arbitration, 2nd ed. (Oxford 2008) (with Rachael Kent and Christian Henel).
Who Can be Against Fairness: The Case Against the Arbitration Fairness Act, 9 Cardozo J. Conflict Res. 1201 (2008).
Whither Arbitration?, 6 Georgetown J. L & Pub. Pol'y 549 (2008).
Arbitration and Article III, 61 Vanderbilt L. Rev. 1189 (2008).
Discovery, Judicial Assistance and Arbitration: A New Tool for Cases Involving American Entities?, 25 J. Int'l. Arb.171 (2008).
Clerks, 74 U. Chi. L. Rev. 369 (2007).
"Post-Hague Hangover: Three Predictions About the Future of the Law Governing the Enforcement of Foreign Judgments and Arbitral Awards," in European Union Issues from a Portuguese Perspective (The Catholic University of America, Columbus School of Law 2007).
Market Solutions to Market Problems: Re-examining Arbitral Immunity as a Solution to Unfairness in Securities Arbitration, 26 Pace L. Rev. 113 (2005).
Miranda and Reasonableness, 32 Am. Crim. L. Rev. 1011 (2005).
Apprendi, Blakely and Federalism, 50 S.D. L. Rev. 427 (2005).
Toward a Contractual Approach to Arbitral Immunity, 39 Ga. L. Rev. 151 (2004).
An End of Term Exam: OT 2003 at the United States Supreme Court, 54 Cath. U. L. Rev. 151 (2004) (with Nicole Angarella).
The Standard of Review for the Voluntariness of a Confession on Direct Appeal in Federal Court, 63 U. Chi. L. Rev. 1311 (1996).
The Case Against the Arbitration Fairness Act, Dispute Resolution Magazine (Fall 2009).
What is the Definition of an “Organ” Under the Foreign Sovereign Immunities Act?, 34 Supreme Court Preview 351 (2007).
Termorio and the Problem of Local Standards Annulments , Transnational Dispute Management (Sept. 2006) (with Barney Ford).
Looking Ahead: October Term 2006, Cato Supreme Court Review 361 (2006).
Apprendi and Federalism, 18 Fed. Sent. Rep. 100 (Dec. 2004).
Review of Douglas Walton's Legal Argumentation and Evidence, 58 Rev. Metaphysics 208 (2004).
Private Modifications of the Ground for Judicial Review of Arbitral Awards: A Question of Institutions, 18 Mealey's Int'l Arb. Rep. 35 (Oct. 2003).
On the Importance of Institutions: Judicial Review of Arbitral Awards for Legal Errors, 19 J. Int'l Arb. 81 (Apr. 2002).
Supreme Court of the United States
- Briefed and Argued as Amicus Curiae appointed by the Supreme Court in successful defense of the judgment below in Irizarry v. United States, 76 U.S.L.W. 4401 (2008)
- Brief Amicus Curiae on behalf of the Chamber of Commerce of the United States of American in support of certiorari in Am. Isuzu Motors, Inc. v. Ntsebeza , 76 U.S.L.W. 3608 (2008)
- Brief Amicus Curiae on behalf of the Chamber of Commerce of the United States of America, the National Association of Manufacturers, and the American Chemistry Council in support of certiorari in Dow Chem. Co. v. United States, 127 S.Ct. 1251 (2007)
- Brief Amicus Curiae on behalf of the Chamber of Commerce of the United States of America , the National Association of Manufacturers in support of certiorari in Coltec Indus. v. United States, 127 S.Ct. 1261 (2007)
- Brief Amicus Curiae on behalf of the National League of Cities and the International Municipal Lawyers' Association in support of certiorari in City of Mesa v. Petersen, 543 U.S. 814 (2004)
- Petition for a writ of certiorari and reply brief in Fitzpatrick v. Missouri, 127 S.Ct. 729 (2006)
- Petition for a writ of certiorari and reply brief in Fuse v. United States, 544 U.S. 990 (2005)
- Brief Amicus Curiae for the National Foreign Trade Council, the Chamber of Commerce of the United States , the United States Council for International Business, the National Association of Manufacturers and the Organization for International Investment in the United States in Sinaltrainal v. Coca-Cola Co., 256 F. Supp. 2d 1345 (11th Cir. 2005)
- Brief Amicus Curiae for the National Association of Manufacturers and the Association of Equipment Manufacturers in FMS, Inc. v. Volvo, 349 F.3d 376 (7th Cir. 2003)
- Appellant's Brief, Reply Brief and Supplemental Brief on behalf of Appellant in Hairston v. United States (D.C. Cir.)
- Appellant's Brief, Reply Brief and Transfer Petition on behalf of Appellant in Fitzpatrick v. State, 193 S.W.3d 280 (Mo. App. 2006)
EXPERT WITNESS and CONSULTANT
- Senate Judiciary Committee, Subcommittee on the Constitution—Arbitration Fairness Act (December 2007)
- House Judiciary Committee, Subcommittee on Commercial and Administrative Law—Arbitration Fairness Act (October 2007)
- Served as consulting expert for a major European corporation in an international commercial arbitration arising out of an investment in Eastern Europe
- Served as consulting expert for a major German telecommunications company concerning validity of service of process under Hague Service Convention and specialized federal statute governing non-resident patent holders.
- Served as consulting and testifying expert for an international business consortium concerning issues of sovereign immunity and diplomatic immunity.