Masterclass in International Arbitration

Course Description

Arbitration is a form of alternative dispute resolution (ADR). It’s a technique for the resolution of disputes outside litigation and the courts. The parties to a dispute refer it to arbitration to be decided by one or more persons (the “arbitrators” or “arbitral tribunal” or “panel”), and agree to be bound by the arbitration decision (the “Award”). As independent third parties the arbitrators consider the evidence in the case and impose a decision that is legally binding on both sides and enforceable in the courts.

Arbitration is used in approximately 80% of world wide disputes by large corporations and companies. There are reasons for this, including confidentiality, and familiarity with the process. Indeed it is rare now that an international contract does not contain an arbitration clause.

The procedure though is sometimes complicated and frequent users know all the tactics to exploit weaknesses in an opponent. You need to stay sharp, on the ball and know all the “in’s and out’s” to get the most from the process.

On this course your trainer will walk you through the whole concept of international arbitration and explain how it works, how the clauses are put together, which institutions have a role to play and the recognition and enforcement of Awards under the New York Convention.

Who will benefit

• Anybody seeking a clearer understanding of how an arbitration clause should be drafted and how it can be deployed to your maximum advantage in settling disputes.
• Anybody looking to understand the legal theory and methodology that underlie this important concept.
• Anybody who is facing having to invoke an arbitration clause in their daily operations as part of a negotiation process with a contract-breaker.

Why you should attend

Most international contracts contain some form of ADR and in most cases that is for an arbitral process. Negotiation is always the first port of call in any contract dispute but if it doesn’t resolve then some coercive action will be required. Lawyers and legal departments are called upon but they need your assistance in formulating the claim or reference. Understanding the process is key to ensuring that your claim is succinctly and concisely stated.

• Basic awareness of contract terminology is now regarded as a core competency
• Contracts become easier when the jargon is understood
• Arbitration clauses are key clauses in contracts in the event of disputes
• You will feel confident when discussing problem solving options with colleagues
• You will feel confident in putting your ideas across in a language that your legal department will understand and you will have the knowledge base to suggest possible solutions

Key topics

• Legal System introduction
• ADR Generally
• Comparison with Arbitration
• The Arbitration Agreement
• Arbitrability
• Understanding key concepts
• Independent of the Tribunal
• Ad hoc and institutional arbitrations
• UNCITRAL Model Law and UNCITRAL Rules
• The law of the Seat and the lex arbitri
• The Governing Law or Substantive Law
• Who should be the arbitrator(s)?
• Jurisdiction and Challenges
• Competence/Competence
• Severability
• Duties of an arbitral tribunal
• Procedural Matters
• The Hearing and Conduct
• Advocacy before a Tribunal
• Expert Witnesses
• Language and Interpreters
• The Final Award
• Recognition and Enforcement and the New York Convention 1958
• Investor/State Arbitration and the Energy Charter Treaty (ECT)
• MIT’s and BIT’s
• Expropriation, National Oil Companies and ICSID Arbitrations

RATIONALE FOR A FORCE MAJEURE CLAUSE

Course details

• Blended learning using internet searches, workshops, group sessions, and “edutainment”!
• Accelerated learning techniques to improve understanding and long-term retention
• Actual clauses and arbitral disputes will be closely examined.
• The process of arbitration is considered from a non-legal perspective, not a lawyer’s.
• In depth analysis of the doctrine.

Course Duration: 3 Days