Overview

This course examines the practical applications of arbitration and mediation and discusses advanced legal issues in international commercial arbitration. The second week of the course takes critical focus on developing practical skills and knowledge through a simulated arbitration process. The course is intended for judges, lawyers, non-lawyer professionals who want to understand arbitration and mediation, as well as government officials, judicial officers, officials of judicial and legal training units, and court administrators.

Format

The seminars are currently offered both in-person and online simultaneously, at the choice of the participant. This choice must be indicated at the time of registration. A small number of courses are scheduled to be delivered exclusively in person or online, and are indicated as such in the 2024 schedule. In-Person Only seminars usually start at 9:30 am Washington D.C. time. Daily sessions usually end at 4:00 pm. Breaks (including the lunch break) are allocated as appropriate. Online Only seminars will be delivered through five (for 1-week course) or ten (for 2-weeks course) live online sessions via videoconferencing platform. Each session will last approximately 3.5 hours and will be scheduled to start within a time window of 7:00 am – 8:30 am Washington D.C. time. Hybrid In-Person/Online seminars will start at a time most convenient to both in-person and online participants, and will generally follow the In-Person seminar format. We expect the classes to be highly interactive and can include presentations, case studies and exercises.

Course Outline

Negotiation and Mediation

• Process, Skills and Techniques
• Mediation Emphasis: mediator role and styles; determining the mediation process, opening statements by the mediator and parties
• Finding resolution in mediation: uncovering interests, breaking deadlock, closure, and follow-up
• The Role of Advocate and Litigant: preparing for mediation; devising a settlement strategy; advocating for your client; guiding and advising your client during media
• Additional comprehensive mediation exercise

International Arbitration (Advanced)

• The Arbitration Agreement: characteristics, validity, scope, applicable law, transfer, termination
• The Arbitrators: appointment, qualification, arbitrator ethics and challenges
• The Arbitration Proceedings: choosing arbitration rules, seat of the arbitration, commencing and managing proceedings, terms of reference, evidence, interim relief, hearings and awards
• Law Governing the Merits of the Dispute: choice of law, international public policy and mandatory rules of law
• Court Assistance: interim measures, appointment of arbitrators, assistance in taking evidence, judicial review
• Enforcement of Arbitral Awards
  Issues of Particular Interest: introduction to 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

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. 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. 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.