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International Dispute Resolution, Arbitration and Mediation

By: HRODC Postgraduate Training Institute

Malaysia

20 Feb - 03 Mar, 2017  12 days

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GBP 10,000

The course content of the International Dispute Resolution, Arbitration, and Mediation training course is as follows:

Part 1

  • Elements of an International Dispute Resolution Agreement
  • International Dispute Resolution Clauses;
  • Parts of International Dispute Resolution Agreement:
  • Submission of Disputes to Arbitration;
  • Referral to Arbitration;
  • Variables of an International Arbitration Clause:
  • The Place of Arbitration;
  • Institutions Which Administer Arbitration and Mediation and Their Rules;
  • Ad Hoc Arbitration;
  • Number of Arbitrators;
  • Language of the Arbitration.
  • Bells and Whistles:
  • Joinder and Consolidation;
  • Negotiation Prior to Arbitration;
  • ICC Pre-Arbitral Referee Procedure;
  • Qualifications of Arbitrator;
  • Procedure and Evidence;
  • Allocation of Cost;
  • Time Limits for Award;
  • Baseball Arbitration;
  • Waiver of Sovereignty Immunity.
  • Agreements to Mediate Before Arbitration:
  • Elements of A Mediation Step Clause;
  • Mediation Institutions.

Part 2

  • International Dispute Resolution Agreement Negotiations
  • Attempt to Avoid Negotiation;
  • Negotiating the Dispute Clause through a Common Dispute Resolution Values:
  • Answering Objections Using Arbitration;
  • Answering Objections to Institutional Arbitration;
  • Answering the Insistence on Arbitration in a Country without a Reliable Court System
  • Mitigating, Quantifying, and Accepting the Risk of Disadvantageous or Imperfect Dispute Resolution;
  • Real Deal-Breakers.

Part 3

  • Emergence of Dispute
  • Preliminaries Once Litigation Is Probable:
  • Contractual Pre-Arbitration Procedures;
  • Letters before Action and Preliminary Correspondence;
  • Privilege and Creating New Document;
  • Key Employees and Witnesses;
  • Important Documents;
  • Insurance Notification;
  • Submitting or Responding To a Request?
  • Claimant or Respondent?
  • Alternatives to Commencing Arbitration or To Be Carried Out In Conjunction with Starting Arbitration;
  • Dispute Resolution Clause Amendment;
  • Informal Resolution Options.
  • Using Early Evaluation to Quantify the Entire Dispute Risk:
  • Early Case Assessment (ECA);
  • Gathering Evidence and Assessing the Facts;
  • Assessing the Legal Merit;
  • Potential Implications of an Early Case Assessment (ECA) on Balance Sheet Accounting;
  • Estimating the Total Cost of the Arbitration and Factors Influencing Costs.
  • Engaging and Disengaging Legal Counsel:
  • ‘In-Sourcing’ Arbitration Work;
  • Retaining External Counsel;
  • Estimating, Budgeting, and Managing Costs of External Counsel.

Part 4

  • International Settlement Negotiation and Mediation
  • The Settlement Process;
  • Settlement Goals;
  • Entertaining the Idea of Mediation;
  • Searching For an International Mediator and Organizing the Mediation:
  • Date and Place Agreement;
  • Right Mediator for the Parties and the Dispute;
  • Mediator Fees;
  • Mediation Confidentiality;
  • Scheduling Considerations in Delaying or Deferring the Arbitration or Other Binding Dispute Resolution Pending Mediation.
  • Mediation Advocacy:
  • Procedural Flexibility of Mediation;
  • Common Pitfalls for Advocates in Mediation.

Part 5

  • Arbitration Process
  • The Preliminary Stage:
  • Commencing the Arbitration;
  • Answer and Reply;
  • Default Proceedings;
  • Early Dismissal of the Case Due To Lack of Jurisdiction;
  • Appointment of Arbitrators;
  • Challenge, Removal, and Replacement of Arbitrators;
  • Appointment of A Secretary to the Tribunal and the Risk of a ‘Fourth Arbitrator’;
  • Preliminary Steps Taken By the Tribunal When Constituted;
  • Time Limits for the Completion of the Arbitration;
  • Expedited Arbitration;
  • Provisional Remedies.
  • Written Submission and Evidence:
  • Written Submissions;
  • Written Evidence.
  • The Hearing Stage:
  • The Hearing;
  • Post-Hearing Submissions.
  • The Award Stage:
  • The Award;
  • Correction, Interpretation or Revision of the Award;
  • Effects of the Award.

Part 6

  • Challenge, Recognition and Enforcement of the Award
  • Challenging International Arbitral Awards:
  • Types of Challenge
  • Procedure for an Action to Set Aside
  • Grounds for an Action to Set Aside
  • Effect of the Setting Aside of an Award.
  • Recognition and Enforcement of International Arbitral Awards:
  • Negotiation and Settlement of the International Arbitral Awards;
  • Recognition vs. Enforcement of Foreign Arbitral Awards;
  • The Legal Framework for Recognition and Enforcement of International Arbitral Awards;
  • Administrative Steps Prior To Enforcement Proceedings;
  • Procedure for Enforcement and Resisting Enforcement;
  • Grounds for Resisting Enforcement;
  • Enforcement of Awards Set Aside At the Seat of Arbitration;
  • Sovereign Immunity as a Defense to Enforcement.

Part 7

  • International Centre for Settlement of Investment Disputes (ICSID) and Investment Treaty Arbitration
  • Investment Treaty Arbitration:
  • Investors and Investments Protected By Treaties;
  • Protections to Investments Covered By Investment Treaties;
  • Availability of Arbitration to Enforce Treaty Protections;
  • Conduct for Which Parties Have Sought Redress in Arbitration under Investment Treaties;
  • Enhancing Investment Treaty Protection When Planning Foreign Business Activities.
  • ICSID Arbitration
Kuala Lumpur, Malaysia Feb 20 - 03 Mar, 2017
GBP 10,000.00
(Convert Currency)

+44 7736147507; +44 1902 763607; +44 2071935906; +

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