Course Description:-
This course is created by experts from top law firms around the world, with institutional inputs and guidance from the Singapore International Arbitration Centre; this is the definitive course on this area.
Enroll in this course to get a practical understanding of International Arbitration and learn about:
- the complex legal framework of international conventions, national legislation and arbitral rules that govern international arbitration;
- international arbitration agreements, the various applicable laws, the arbitral processes and procedures, and the continuous inter-play between arbitral tribunals and national courts at each stage in the arbitral process; and
- Investment treaty arbitration, which is increasingly being used as a last-resort option in countries like India to enforce arbitral awards.
If You are eager to build a career in law firms, in-house corporate legal advisory teams or corporate commercial litigation and arbitration; or intent on enhancing your knowledge of, and skills necessary for practicing in, International Arbitration, we recommend that you enroll in this course now.
We recommend that you enroll in this course now.
DID YOU KNOW
- That the origins of international arbitration are sometimes traced, if uncertainly, to Greek mythology? Some say that the earliest “international” dispute to be arbitrated was between Poseidon and Helios over the ownership of Corinth. Briareus, a giant, “arbitrated” the dispute by splitting Corinth between them!
- That an international arbitration can be seated in country A, have its hearings in country B, involve parties from countries C and D, arbitrators from countries E, F and G, and counsel from countries H, I, J and K? It can also apply the substantive laws of country L and have its award enforced in yet another country M. Truly “international”!
PROGRAMME OUTLINE
UNIT ONE – THE FUNDAMENTALS OF INTERNATIONAL ARBITRATION
- Get an overview of international commercial arbitration, and the legal framework that one is required to navigate in its practice.
- Understand why arbitration is preferred over litigation in the international disputes space, and also looks at India’s growing importance to international arbitration.
UNIT TWO – THE LAWS APPLICABLE IN INTERNATIONAL ARBITRATION
- Learn how different systems of law may govern different aspects of an international arbitration and how determine which law applies to which aspect.
UNIT THREE – THE ARBITRATION AGREEMENT
- Learn about the practicalities of drafting arbitration agreements.
- Get an insight into the various factors lawyers need to consider when negotiating and drafting arbitration clauses, such as the seat, the arbitrators, and the institution.
UNIT FOUR – THE ARBITRAL PROCESS (1)
- Understand the practicalities of an international arbitration with the study of arbitral processes and procedures.
- Learn about the initial steps in the arbitration procedure – pre-commencement, commencement and tribunal appointment.
- Learn about the fundamental principle underlying the arbitral process – kompetenz-kompetenz.
UNIT FIVE – THE ARBITRAL PROCESS (2)
- Understand the arbitral process post-formation of the tribunal, including exchange of written submissions, witnesses, experts, disclosure and hearings.
- Learn about the IBA Rules and other international guidelines that tribunals commonly use to direct proceedings.
UNIT SIX – THE ROLE OF THE NATIONAL COURTS IN THE ARBITRAL PROCESS
- Learn about the role that courts can play at every stage of an international arbitration – pre-commencement, for urgent interim and conservatory relief, stay applications and anti-suit/anti-arbitration injunctions; and during the arbitral process in appointing arbitrators and taking evidence.
UNIT SEVEN – SET-ASIDE OF ARBITRAL AWARDS
- Learn about the arbitral award – the form and format that the award should be in, and how it can be set aside by the national courts.
- Explore the controversial Indian interpretation of the “public policy” ground for setting-aside in depth.
UNIT EIGHT – THE RECOGNITION AND ENFORCMENT OF ARBTRAL AWARDS
- Examine how arbitral awards can be executed or enforced.
- Understand the cross-border enforcement procedures of arbitral awards under the New York Convention, and the issues of sovereign immunity that regularly crop up in these cases.
Course Duration: 12 Weeks
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