|DATES:||NOV 7 - 18, 2016|
This course strengthens participants' knowledge of alternative methods of dispute resolution (ADR). The course examines the foundations of arbitration and mediation, and discusses advanced legal issues in international commercial arbitration. The second week of the course emphasizes the development of practical skills through practical exercises in a simulated arbitration process. It is intended for judges, lawyers, non-lawyer professionals, government officials, judicial officers, officials of judicial and legal training units.
Negotiation and Mediation
Process, Skills and Techniques: Defining Negotiation and Mediation
Mediation Emphasis: mediator role and styles; determining the mediation process, including opening statements by the mediator and parties
- The Role of Advocate and Litigant: how to prepare for mediation; how to devise a settlement strategy; how to advocate for yourself and your client; how to deal with your client during mediation
International Arbitration (Advanced)
The Arbitration Agreement: characteristics, validity, scope, applicable law, transfer, termination
The Arbitrators: appointment, qualification, arbitrator ethics and challenges
- The Arbitration Proceedings: seat of the arbitration, commencing and managing proceedings, terms of reference, evidence, interim relief, hearings and awards; choosing arbitration rules
- Law Governing the Merits of the Dispute: choice of law, international public policy and mandatory rules of law
- Court Measures: interim measures, appointment of arbitrators, judicial assistance, judicial review
- Enforcement of Arbitral Awards
- Issues of Particular Interest: damages and remedies; arbitration involving states or government agencies; 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
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, where she 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.