International Arbitration: Law Practice and Procedure

About the Course

Most contracts signed by parties in different jurisdictions incorporate an arbitration clause; therefore, arbitration is the most common way of adjudicating a dispute in international commercial contracts. Lawyers, managers, officers, and entrepreneurs involved in business transactions must be familiar with the mechanisms of arbitration proceedings. Arbitration aims to preserve the competitive functioning of business by resorting to an alternative dispute resolution system that differs from those offered by ordinary justice. This 5-day comprehensive International Arbitration: Law Practice and Procedure training course provides the opportunity to develop and further legal and economic skills by using a series of simulations that engage various bargaining processes in the context of dispute resolution.

Each simulation will highlight the pivotal issues that can arise in arbitration. The delegates will improve their knowledge of international arbitration by actually "arbitrating" with each other. This interactive environment will enhance one's ability to master arbitration proceedings effectively while mitigating disruption to any business. It will explore various types of arbitration proceedings, including emergency arbitration and the adoption of interim measures during the proceedings. It will discuss the importance of writing a well-written arbitration clause, selecting the right seat of arbitration, choosing the appropriate arbitration lawyer and the competent arbitrators, confidentiality, and time-efficiency in the arbitration to give delegates a keen understanding of how planning ahead, paired with the knowledge of the law, can lead to the resolution of organisational conflicts, and keep the business relations on-going, despite the dispute.

Core Objectives

This training course will expand delegates' knowledge and skills in international commercial arbitration, allowing for better control of the proceedings while managing the possible legal and economic outcomes.   

The delegates will achieve the following objectives:

• Know how to use the resources of arbitration law, practice, and procedure and apply them in reality with appropriate strategies
• Acquire successfully navigate the intricacies of the arbitration proceedings and predict their outcome
• Systematically prepare for arbitration proceedings based on the idea that drafting a well-written arbitration clause is the first and most important key to success
• Know how to use effective communication and information exchanges in confrontational contexts
• Develop a toolkit of negotiation, legal, and economic strategies that result in achieving goals without jeopardising relationships

Training Approach

In this training course, the delegates will gain more excellent knowledge through presentations by an experienced international practitioner designed to educate and challenge. Extensive use will be made of case studies and real examples of contracts. Open and instructive group discussions will also be facilitated, encouraging delegates to raise questions and share their experiences.

The Attendees

This training course is appropriate for helping lawyers and professionals manage arbitration proceedings and learning skills to plan the resolution of disputes from drafting an arbitration clause up to the award.

It will be suitable to the professionals but not limited to the following:

• Lawyers
• In-house Counsel
• Board of Directors Members
• Entrepreneurs
• Business Leaders
• Managers
• Engineers and Accountants

Daily Discussion

DAY ONE: INTERNATIONAL COMMERCIAL ARBITRATION

• International Arbitration Peculiarities: The Seat, The Appointment of the Arbitrators, and the Proceedings
• Ad Hoc and Institutional Arbitration
• Why is Arbitration the most prominent method to settle cross-border disputes?
• International Arbitration as the Driving Force for Foreign Investments
• Arbitration Proceedings before the ICC

DAY TWO: INTERNATIONAL ARBITRATION CLAUSES AND ARBITRATION AGREEMENTS

• Overview of the Main Types of Arbitration Clauses and Agreements
• The Requirements of a Valid and Enforceable Arbitration Clause and Agreement
• The Most Common Mistakes in Drafting an Arbitration Clause and Agreement
• How to draft a proper arbitration clause & agreement?
• The Arbitration Agreement and its Validity

DAY THREE: ARBITRATION PROCEEDINGS

• Stages of the Arbitration Process: From the filing of the request for arbitration to the award
• The Applicable Substantive Law and the Lex Arbitri
• Arbitrators’ Expertise and Requirements: Independence and Impartiality
• Interim Measures and Emergency Arbitration
• Fees and Expenses

DAY FOUR: SIMULATION OF ARBITRATION PROCEEDINGS

• Breach of an International Commercial Contract for the Sale of Goods
• Analysis of the case and sharing ideas on how to file a request for arbitration
• Drafting the Statement of Claim and the Answer
• Presentation of the Case before the Arbitral Tribunal
• Award

DAY FIVE: THE ARBITRATION AWARD

• Fundamental Principles of International Commercial Arbitration: The 1958 New York Convention
• The Arbitration Award: Timeframe and Limits
• The Partial Award and the Non-final Award: Effectiveness and Filing
• Enforcement of the Arbitration Award
• Challenging the Arbitral Award