International Dispute Resolution, Arbitration and Mediation
By: HRODC Postgraduate Training Institute
Nov 14 - 25 Nov, 2016
The course content of the International Dispute Resolution, Arbitration, and Mediation training course is as follows:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Venue: Kuala Lumpur, Malaysia