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Intended
Audience:
Judges, lawyers, non-lawyer professionals, executive branch government
officials, judicial officers, officials of judicial and legal training
units, and court administrators.
Course
Objectives:
This course strengthens participants’ knowledge of alternative methods of dispute resolution (ADR) and arbitration. The course examines the theory behind the advanced legal issues involved in international commercial arbitration, and emphasizes the development of practical skills through case studies, workshops and exercises.
Course
Outline
International Arbitration (advanced)
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The arbitration agreement: (i) legal issues: characteristics, validity, scope, applicable law, transfer, termination; (ii) Case studies, (iii) negotiating and drafting exercise (participants will engage in mock negotiation exercises)
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The arbitral tribunal: (i) legal issues: appointment, qualification, arbitrator ethics and challenges; (ii) case studies
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The arbitration proceedings: (i) legal issues: seat of the arbitral tribunal, commencing managing proceedings, terms of reference, discovery of documentary evidence, interim relief, submitting testimony, conduct of the hearings, and awards, (ii) choosing arbitration rules: comparative study of arbitration rules
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Law governing the merits of the dispute: (i) legal issues: choice of law, absence of law, international public policy and mandatory rules of law; (ii) case studies, (iii) simulation exercise
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Court measures: (i) legal issues: the degree of court intervention, interim measures of protection, appointment of arbitrators, judicial assistance in the arbitration process, judicial review (ii) case studies
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Enforcement of Arbitral Awards: case studies
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Issues of particular interest: Arbitration in Construction matters, Damages and Remedies in Arbitration, Arbitration involving States or government agencies, Investment disputes.
Negotiation & Mediation: Process, Skills and Techniques
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Defining negotiation and mediation and the underlying relationshipp
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Negotiation emphasis:
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Different approaches to negotiation
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Assessing the interests of both parties
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Setting aspiration and bargaining bases, and conceding strategically
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Listening and questioning skills
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Why negotiations fail
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Breaking deadlock
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Mediation emphasis:
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Mediator role and styles
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Determining the mediation process, including opening statements by mediator and parties
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Finding resolution in mediation (incorporating important aspects introduced above, such as uncovering interests and breaking deadlock)
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Closure and follow-up
The Role of Advocate
and Litigant
- How to
prepare for the mediation
- How to
devise a settlement strategy
- How to
advocate for yourself and your client
- How to
manage your client during mediation
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