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International Dispute Resolution, Arbitration and Mediation Course

By: HRODC Postgraduate Training Institute, A Postgraduate-Only Institution

Malaysia

18 - 29 Nov, 2019  12 days

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GBP 10,000

Venue: Kuala Lumpur

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
  • Preliminiries 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 Nov 18 - 29 Nov, 2019
GBP 10,000.00(The course cost does not include living accommodation. However, delegates are treated with the following: Continuous snacks throughout the Event Days; Hot Lunch on Event Days; City Tour; Hand-outs; Stationery. We offer very attractive discount for groups)
(Convert Currency)

Ms. Michelle +442071938392; +447487877573; +639368309409

Prof. Dr. R. B. Crawford
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