2011 ADVANCED ARBITRATION AND MEDIATION

  

DATES: OCT 31 - NOV 11, 2011    
TUITION: $3950    
     

 

 

 

Overview

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. The course is intended for judges, lawyers, non-lawyer professionals, executive branch government officials, judicial officers, officials of judicial and legal training units, and court administrators.

 

Course Outline

  

International Arbitration (Advanced)

 The Arbitration Agreement

  •  Legal issues: characteristics, validity, scope, applicable law, transfer, termination
  •  Case studies
  •  Negotiating and drafting exercise (participants will engage in negotiation exercises)

  

The Arbitral Tribunal

  •  Legal issues: appointment, qualification, arbitrator ethics and challenges
  •  Case studies

 

The Arbitration Proceedings

  • 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
  • Choosing arbitration rules: comparative study of arbitration rules

 

Law Governing the Merits of the Dispute

  • Legal issues: choice of law, absence of law, international public policy and mandatory rules of law
  • Case studies
  • Simulation exercise

  

Court Measures

  • Legal issues: the degree of court intervention, interim measures of protection, appointment of arbitrators, judicial assistance in the arbitration process, judicial review
  • Case studies

  

Enforcement of Arbitral Awards: Case studies

 

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

 

Defining Negotiation and Mediation and the Underlying Relationship

 

Negotiation Emphasis

  • Different approaches to negotiation
  • Assessing the interests of both parties
  • Setting aspiration and bargaining bases, and conceding strategically
  • Listening and questioning skills
  • Why negotiations fail
  • Breaking deadlock

 

Mediation Emphasis

  • Mediator role and styles
  • Determining the mediation process, including opening statements by mediator and parties

 

Finding resolution in mediation (incorporating important aspects introduced above, such as uncovering interests and breaking deadlock)

  • 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

 

COURSE ADVISORS

 

David Branson is Director of ILI's Alternative Dispute Resolution Center. He specializes in arbitration work and now serves as an arbitrator. He has served as an arbitrator and participated in proceedings as counsel in arbitrations conducted under the rules of the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Settlement of Investment Disputes, UNCITRAL and the American Arbitration Association. Mr. Branson has been engaged in litigation practice for 33 years, appearing before the Supreme Court of the United States, several Courts of Appeal and District Courts. He received his LL.M. from St. Johns College, Cambridge University and his J.D. from Georgetown University.

Jane Willems As a lawyer in private practice and an arbitrator, Jane Willems has regularly lectured on International Commercial Arbitration in International Law Institute courses in Washington DC. She has developed, and since 2009 she has co-conducted with David J. Branson the new annual program of International Commercial Arbitration at the International Law Institute. Ms. Willems has participated in international arbitrations and other forms of ADR and in international contractual and international development projects. She served as counsel, arbitrator, and secretary to arbitral tribunals in numerous arbitration proceedings (ICC, LCIA and ad-hoc) and as counsel before French courts in arbitration related matters. She has been admitted to practice to both the Paris Bar and the Bar of the State of California (USA). Jane Willems has been teaching International Contracts and Arbitration at the University of Angers, France; she holds a Master's degree in International Business Law and a Master's degree in Business Law from the University of Paris I Sorbonne.