DATES: NOV 1-12, 2021    
         
VENUE: LIVE ONLINE COURSE    apply now button  
       
TUITION: $4200    
       

 

 

 

 

 

Overview

This course examines the practical applications of arbitration and mediation and discusses advanced legal issues in international commercial arbitration. The second week of the course takes critical focus on developing practical skills and knowledge through a simulated arbitration process. The course is intended for judges, lawyers, non-lawyer professionals who want to understand arbitration and mediation, as well as government officials, judicial officers, officials of judicial and legal training units, and court administrators.

 

Format

The seminar will be delivered as a hybrid with online and in-person audiences, through 10 sessions. Each session will last approximately 3.5 hours and will start at a time to be announced closer to the seminar, but the starting time will be within a time window of 7:00 am – 8:30 am Washington DC time (Eastern Standard Time). Online participants will join via videoconferencing platform. We expect the classes to be highly interactive and will include presentations, case studies and exercises.

 

Course Outline

  

Negotiation and Mediation

  • Process, Skills and Techniques
  • Mediation Emphasis: mediator role and styles; determining the mediation process, opening statements by the mediator and parties
  • Finding resolution in mediation: uncovering interests, breaking deadlock, closure, and follow-up
  • The Role of Advocate and Litigant: preparing for mediation; devising a settlement strategy; advocating for your client; guiding and advising your client during media
  • Additional comprehensive mediation exercise

  

International Arbitration (Advanced)

  • The Arbitration Agreement: characteristics, validity, scope, applicable law, transfer, termination
  • The Arbitrators: appointment, qualification, arbitrator ethics and challenges
  • The Arbitration Proceedings: choosing arbitration rules, seat of the arbitration, commencing and managing proceedings, terms of reference, evidence, interim relief, hearings and awards
  • Law Governing the Merits of the Dispute: choice of law, international public policy and mandatory rules of law
  • Court Assistance: interim measures, appointment of arbitrators, assistance in taking evidence, judicial review
  • Enforcement of Arbitral Awards
  • Issues of Particular Interest: introduction to investment disputes
  • Simulated Arbitration Exercise: drafting the arbitration clause, requesting arbitration/responding to request, initial conference, terms of reference, drafting statements of claim/defense, challenges to arbitrators, interim relief, witnesses, hearings, drafting an arbitral award


COURSE ADVISOR

Anne Marie Whitesell is a Professor and Faculty Director of the Program on International Arbitration and Dispute Resolution at Georgetown University Law Center. She is also the Director of the ILI Center on Alternative Dispute Resolution. Ms. Whitesell was Secretary General of the ICC International Court of Arbitration from 2001 to 2007. She has practiced with law firms in both the United States and in France and was a lecturer at the Université de Paris I, Panthéon-Sorbonne and the Institut de Droit Comparé (Université de Paris II). She is admitted to the New York State Bar, the Bar of the District of Columbia, and to the US District Courts for the Southern and Eastern Districts of New York.