INTERNATIONAL COMMERCIAL ARBITRATION & CONCILIATION
October 4-8, 2004

Intended Audience

Lawyers and non-lawyers, and government officials; officers of judicial and legal training units, labor divisions, and oil and banking institutions.

Course Objectives

The course familiarizes participants with alternative methods of dispute resolution, concentrating on the international arbitration process. It presents an overview and comparison of conciliation, mediation, and arbitration, and examines the legal issues involved in international commercial arbitration. A major part of the course is dedicated to the simulated arbitration exercise, which based on a real-life problem in arbitration. The emphasis of the seminar is on the development of practical skills.

Course Director: Professor Markham Ball

Markham Ball is a Senior Fellow of the International Law Institute (ILI) in Washington, D.C. and director of ILI's Alternative Dispute Resolution Center. He lectures regularly on international commercial arbitration in ILI courses in Washington, as well as in Kampala, Nairobi, and Cairo. In conjunction with ILI, Mr. Ball now directs two programs, one in Bulgaria and one in the Republic of Georgia, to evaluate those countries' laws and practices relating to the arbitration and mediation of commercial disputes; to recommend reforms; and to provide education to lawyers, judges and business people in the use of ADR in both domestic and international commercial disputes.

Course Advisor: Chief Bayo Ojo, SAN

Chief Ojo is the Principal Partner in the law firm of Bayo Ojo & Co. which is a specialist in oil & gas, Aviation, Telecommunications, and Arbitration. Chief Ojo is also a solicitor of the Supreme Court of England & Wales, a fellow of the Chartered Institute of Arbitrators, UK and a Chartered Arbitrator. He has delivered papers and published a lot on Commercial Arbitration and Alternative Dispute Resolution (ADR).

Course Outline

 INTRODUCTION

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The nature of national and international commercial arbitration

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How the modern system came into being

ARBITRATION STATUTES AND HOW THEY OPERATE

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The Nigerian arbitration law

RULES OF ARBITRATION

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UNCITRAL Rules; "non-administered" arbitrations

INTERNATIONAL CONVENTIONS; ENFORCEMENT OF AWARDS OUTSIDE THE COUNTRY WHERE THEY WERE MADE

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The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

KEY LEGAL CONCEPTS IN NATIONAL AND INTERNATIONAL ARBITRATION

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Existence of agreement to arbitrate

THE ROLE OF NATIONAL COURTS IN INTERNATIONAL ARBITRATION

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Enforcement of agreement to arbitrate

HOW TO DRAFT AN ARBITRATION CLAUSE TO FIT THE NEEDS OF A PARTICULAR TRANSACTION

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Choice of place of arbitration

THE ARBITRATION PROCESS

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Commencement of arbitration: claim, answer, counterclaims

SELECTION AND CHALLENGE OF ARBITRATORS

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Procedures for appointment under different rules

ARBITRATIONS INVOLVING GOVERNMENTS AND GOVERNMENT AGENCIES

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Sovereign immunity

ARBITRATION HEARING

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Participants will represent parties at the arbitration

Course Tuition

$850 USD (=N=90,000.00) to cover the cost of tuition, seminar lunches and receptions, tea/coffee breaks, seminar materials, bags & CD-ROMs

To register, please complete application form and send along with your current CV or resume to ILI-Nigeria office