DATES: MAY 21 - JUN 1, 2018    
TUITION: $3950    
     

 

 

 

Overview

This seminar familiarizes participants with alternative methods of dispute resolution (ADR). The first part of the seminar introduces participants to the goals and techniques of mediation; the second half focuses on the legal issues involved in international commercial arbitration. The emphasis throughout is on the development of practical skills through lectures and hands-on exercises.

Course Outline

Pros and Cons of International ADR

  • Conciliation, arbitration and mediation versus litigation in domestic courts
  • Arbitration between private parties and governments

The Negotiation Process

  • Approaches to negotiation: creating value vs. claiming value; structuring a deal vs. resolving a dispute
  • Assessing the interests of the parties
  • Opening offers
  • Strategic concessions
  • Why negotiations fail
  • Breaking deadlock
  • Negotiating a dispute resolution clause

How Mediation Works: Tools and Principles

  • Mediation defined
  • Why mediation
  • Roles and attributes of a mediator
  • Changing patterns of communication
  • Intervention principles
  • Listening and questioning skills
  • Stages in mediation
  • Problem identification
  • Agreement writing

The Role of Advocate and Litigant

  • Preparing for mediation
  • Devising a settlement strategy
  • Advocating for your client
  • Guiding and managing your client during mediation

Legal Issues in International Arbitration

  • National Arbitration Laws; Treaties, including the New York Convention and ICSID Convention; Choice of law
  • Validity and scope arbitration agreements
  • Role of the courts: judicial review and enforcement of awards; judicial assistance in the arbitration process
  • Investment disputes
  • Sovereign immunity

The Arbitral Process

  • Designing the process: drafting the arbitration clause
  • Choosing arbitration rules
  • Conduct of proceedings: initiating arbitration, constituting the tribunal, establishing terms of reference, production of documentary evidence, interim relief, submitting testimony, hearings, and awards
  • Arbitrator ethics and challenges to arbitrators
  • Simulated international arbitration exercise

Course Advisor

Anne Marie Whitesell is a Professor and Faculty Director of the Program on International Arbitration and Dispute Resolution at Georgetown University Law Center and 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. 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.