International Arbitration

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Who Should Attend

Why you should attend

International Arbitration is time consuming … costly … and the last chance finally to win a dispute that has probably been going on for years. There is no appeal. You must do it right the first time. What law applies? How long will it take? How much will it cost? Where will it be held, and does it make a difference? What rights will you have to investigate the facts alleged by the other party? Whom should you select as an Arbitrator?

The answer to these and equally compelling questions will be explained in detail in this unique Course, pre­sented by an internationally recognized arbitration law­yer. He will advise you about the differences between local and international arbitration, and how to choose among the recognized international arbitration organi­zations. In addition, he will point out the critical need to select the right Arbitrator for your case, and how to challenge your opponent’s Arbitrator. He will also provide you with actual case examples from his own experience and the experience of others.

Most large international contracts contain arbitration clauses, but few Owners or Contractors in this part of the world have ever actually engaged in the process. They are shocked by the proceedings, the authority of the Arbitrators, and their inability to appeal an adverse decision. This, then, is your opportunity to learn from an expert how the procedure works … how to win your case … and how to assure that you will be satisfied with the out­come. That is our pledge. You will not be disappointed!

Agenda/Course Topics

Introduction

  1. Definition and Terms
  2. Local v. International
  3. Parties Must Agree
  4. What is Arbitrable
  5. Language and Law

Advantages & Disadvantages

  1. Compared to Mediation
  2. Compared to Litigation
  3. Other Dispute Resolution

FIDIC Concept

  1. Clause 67 Requirements
  2. Preliminary Decision by Engineer
  3. ICC Rules Required

Arbitral Institutions & Rules

  1. ICC
  2. UNCITRAL
  3. ICSID
  4. Other

Preliminary Matters

  1. How to Start
  2. Venue/Locale
  3. Scope of Application
  4. Procedural Law

Selection of Arbitrators

  1. Party Arbitrators
  2. Selecting the Neutral
  3. Must be Independent
  4. Challenges
  5. Pre-Hearing Role

Written Pleadings

  1. Statement of Claim
  2. Statement of Defense
  3. Counterclaims and Set Offs

Jurisdictional Issues

  1. Scope of Arbitration Clause
  2. Applicability of Rules
  3. Substantive Law
  4. Tribunal’s Power to Determine
  5. Waiver

Hearings

  1. Burden of Proof
  2. Discovery/Fact Finding
  3. Right to Hearing
  4. Hearing Procedures
  5. Record of Hearing
  6. Use of Experts
  7. Evidence

Awards & Decisions

  1. Secrecy of Deliberations
  2. Majority Vote Requirement
  3. Dissents and Separate Opinions
  4. Interim and Final Awards
  5. Formalities
  6. Reconsideration

Appeals/Enforcement

  1. Limited Role of Courts
  2. Will Not Reverse for Mere Error
  3. The New York Convention
  4. Other Conventions and Treaties

Costs & Fees

  1. General Rule
  2. Exceptions

How To Win

  1. Careful Advance Planning
  2. Know the Law Before You Start
  3. Frame the Issues Properly
  4. Prove the Facts
  5. Demonstrative Evidence
  6. Make Your Case Believable
  7. Cultural Considerations
  8. Court Intervention

Representative Case Studies

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