DATES: MAY 23 - 27, 2016      
TUITION: $1995      
         

 

 

 

Overview

 

Arbitration is increasingly used to resolve international disputes. The need for a well-drafted arbitration clause, which serves as the basis of the entire process, is crucial. The arbitration clause may control the venue, the conduct of the procedure, the substantive law, and other important elements of the arbitration. Understanding, negotiating and drafting arbitration clauses are essential aspects of contract drafting for international business.

Participants will acquire knowledge and skills to create the framework for an efficient arbitration process. The seminar will conclude with a negotiation and drafting exercise. 

 

Course Outline

 

General Introduction

  • Importance of drafting
  • Role of the clause
  • Legal aspects (identifying the parties, legal authority, separability of the clause, enforceability)

 

Types of Clauses

  • Institutional vs. ad hoc
  • Standard institutional
  • Multi-tier

 

Essential Elements to be Included in the Clause

  • Scope of disputes subject to arbitration
  • Number of arbitrators
  • Process for selection of arbitrators
  • Place of arbitration
  • Language of arbitration
  • Applicable law
  • Enforcement of the award (finality and waiver of appeal, entry of judgment provisions)

 

Optional Elements to be Considered for Inclusion in the Clause

  • Confidentiality
  • Interim measures
  • Emergency relief
  • Procedural issues
  • Time limits
  • Types of relief (Exclusion of damages – ex. punitive, consequential)
  • Complex arbitration - Multi-Party clauses
  • Multi-Contract clauses
  • Consolidation
  • Joinder
  • Waiver of sovereign immunity
  • Costs and fees
  • Drafting and negotiating of international arbitration clauses (participants will engage in exercises)

 

Course Advisor

Anne Marie Whitesell is the Director of the ILI´s Center for Alternative Dispute Resolution and also a Professor at the Georgetown University Law Center. Previously,, she was Of Counsel at Dechert LLP. Before joining Dechert, 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.