The expansion of international trade, particularly in recent decades, has spawned a large number and type of international disputes. Resolving those disputes without agreed procedures for doing so, can prove to be time-consuming, frustrating and even pointless. Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound.
It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. Although arbitration was traditionally perceived as serving the interests of industrialized countries, since the 1970s there has been a surge in the participation in arbitration by developing countries and emerging economies. Reliance on arbitration as an international and alternative dispute resolution mechanism has only increased over the last five years.
This training course aims to expose participants to the various methods available for the effective and efficient resolution of international commercial disputes other than Courts, such as arbitration, mediation, and conciliation. It will also provide an overview of the leading national and international arbitration institutions engaged in providing the services and fora for the resolution of such disputes. Finally, it is hoped that this course will provide participants with a deep insight regarding the latest legal developments on important issues involving arbitration and its intersection with domestic courts.
At the end of the course, the participants should be able to:
- Describe the kinds and the need for alternative methods for resolution of disputes
- Recognize issues and problems in the various stages of international arbitration and alternative dispute resolution
- Identify the leading national and international arbitration institutions that provide services and fora for the resolution of a dispute
- Summarize the various methods available for the effective and efficient resolution of international commercial disputes
- Evaluate agreements and clauses for alternative dispute resolution.
Content and Structure
The course consists of the following modules:
- Module 1: Need for Alternative Dispute Resolution Methods
- Module 2: Kinds of Alternative Dispute Resolution Methods
- Module 3: International Arbitral Organization
- Module 4: Agreement for Alternative Dispute Resolution
- Module 5: Drafting Agreements/ Clauses
- Module 6: Arbitral Tribunals
In order to ensure the best possible outreach, the course will be delivered through e-learning. Through a multiple-instructional setting, the goal is to achieve the learning objectives by means of learning technologies that match personal learning styles and by the inclusion of non-linear learning that aims at the development of just-in-time skills of adult learners.
At the same time, in order to allow participants maximum flexibility of scheduling, the learning will be conducted in an asynchronous manner. Using a state-of-the-art training architecture, UNITAR will combine self-learning with assessments and online discussions. The pedagogy - adapted specifically to professionals in full-time work - will help train participants through various experiences: absorb (read); do (activity); interact (socialize); reflect (relate to one’s own reality).
The intended audience for this course includes: lawyers and laypersons wanting to learn about arbitration mediation, and conciliation; actors in commercial disputes; officials of international business organizations or entities involved in a commercial disputes; government and private sector lawyers engaged in providing legal services; government officers and public sector managers; and officials from trade ministries and investment organizations.