Introduction to International Arbitration (Virtual)
19 March 2021, Asia Pacific
What is the aim of the module?
To provide an understanding of the general principles of international (i.e., non-domestic) arbitration and its relationship to other dispute resolution processes. The course will provide candidates with an introduction to the legal framework of, and good practice and procedure in, international arbitration in their jurisdiction.
What are the learning outcomes?
On successful completion of this course candidates will be able to:
- Understand the background to international arbitration.
- Describe the process and procedure of international arbitration.
- Understand international arbitration in the context of other forms of dispute resolution.
What is covered within the syllabus?
- Comparison of dispute resolution procedures.
- Fundamental principles of the international arbitration process.
- The UNCITRAL Model Law and Arbitration Rules.
- Arbitration rules: institutional and ad hoc agreements.
- Arbitration procedures: documents only and oral hearings.
- The legal framework: the importance of the seat, the New York Convention, procedural laws, and procedural rules.
- The arbitration agreement.
- Commencement of the arbitration.
- An arbitrator’s jurisdiction and powers.
- The arbitration process: obligations of the tribunal, responsibilities and obligations of the parties.
- Managing the arbitration process: communications, preliminary meeting, interlocutory matters, dealing with factual and opinion evidence and disclosure of documents including introduction to the IBA Guidelines.
- Presenting the claim and the defence: alternative methods.
- Procedure at a typical hearing, including contrasting common and civil law jurisdictions.
- Costs and interest: alternative approaches in different jurisdictions.
- Essentials of an enforceable award
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