Overview

The ILI Advanced Arbitration and Mediation seminar examines the practical applications of arbitration and mediation and discusses advanced legal issues in international commercial arbitration. The first week explores the framework of both arbitration and mediation. The second week of the course focuses critically on developing practical skills and knowledge through a simulated arbitration process. The course is intended for lawyers, judges, and 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.

Certification 

Upon successful completion of the seminar, each participant will be awarded a Certificate of Completion. Successful completion requires that a participant diligently attend all seminar sessions promptly and on time throughout the seminar, read all assignments, and participate in all group discussions and exercises. If a number of sessions are missed without proper reason, the ILI reserves the right to withhold certification.

Format

This seminar is currently offered in-person. Special requests to attend online must be submitted by email as early as possible. Requests will be considered on a case-by-case basis, taking into account the overall experience of each participant and the larger group. In-person seminars, even when being joined online, run from 9:30 am – 4:00 pm Washington, D.C., time.

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.