2012 ARBITRATION FOR JUDGES

Overview

This one week intensive course is designed specifically for judges. The course is designed to provide participants with a deep insight regarding the latest legal developments on important issues involving arbitration and its intersection with domestic courts.

Intended for judges, judicial officers and court administrators.

Course Outline

International Commercial Arbitration for Judges

• History of common law arbitration permitted by courts
• National statutes and institutional rules requiring an arbitration agreement to be in writing
•  Doctrine of competence/Competence on jurisdiction
•  Doctrine of separability
•  Scope of arbitration clauses
•  Can courts join non-signatories in arbitration?
•  Court determination whether arbitral clause unfair or against national policy
•  Anti-suit injunctions issued by courts to prevent parties from litigating in foreign forums
•  Court assistance for interim relief at the outset of arbitration
•  Challenge to arbitrator while arbitration is in progress
•  Assistance in discovery in aid of arbitration
•  The statutory and treaty standards for enforcement of awards
•  Time constraints for setting aside or enforcing awards
•  Court review of terms of final award
•  May courts enforce vacated international awards?
•  Vacating awards on the grounds of evident partiality, misconduct, serious irregularity or exceeded powers.

 Course Advisors

Eckhard Hellbeck is a senior attorney with White & Case LLP in Washington, D.C. His practice focuses in particular on complex international arbitration and litigation involving state parties. Mr. Hellbeck’s experience includes public international law, investment protection under bilateral and multilateral treaties, sovereign state responsibility and immunity, and the enforcement of foreign judgments and arbitral awards—areas in which he has published widely. Mr. Hellbeck has represented sovereign and private parties in international proceedings involving a broad range of areas, including financial instruments, infrastructure development projects and privatization of formerly state-owned industries, before the International Centre for Settlement of Investment Disputes and its Additional Facility, the American Arbitration Association, the London Court of International Arbitration, the Stockholm Chamber of Commerce, the Vienna International Arbitral Centre, and the International Court of Justice. Prior to entering private practice, Mr. Hellbeck was a lawyer and diplomat with the German Foreign Service for nine years. Mr. Hellbeck is admitted to practice law in the District of Columbia, New York and Germany.