2012 ADVANCED ARBITRATION AND MEDIATION

  

DATES: NOV 5 - 16, 2012    
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 ADVISOR

 

Anne Marie Whitesell is Of Counsel at Dechert LLP. Before joining Dechert, Ms. Whitesell was Secretary General of the ICC International Court of Arbitration from 2001 to 2007. Ms. Whitesell supervised approximately 1,100 international arbitration cases each year involving parties from over 120 countries. 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.