New York & Geneva Convention
- Are you a trial lawyer? Do you work as a civil or criminal litigator? Do you want to work on high-margin commercial disputes?
- Are you a corporate lawyer? Do you want to shift to a disputes profile, or handle disputes work independently for clients?
- Are you an in-house counsel? Do you want to assist your company in the implementation of a superior dispute-resolution strategy?
- Are you a law student? Do you want to work as a disputes lawyer? Do you want to acquire a new skill that makes you highly sought after by seniors and disputes teams of law firms?
International Arbitration Work and Demand for Young Lawyers Will Increase
- A high-volume of technology contracts with foreign parties contain arbitration clauses. These contracts range from INR 50 lakhs to a few crores and are much more in number than construction or infrastructure contracts. The number of disputes arising from these contracts is significant. Owing to the amounts in dispute, opportunities to work in this area are lucrative for arbitration lawyers.
- Cash flow issues, recession and market disruption by COVID-19 has increased the number of payment defaults, requiring a combination of mediation and arbitration-related strategies to resolve such disputes.
- Clients frequently require their lawyers to give advice on how to draft arbitration clauses in different types of commercial contracts. Specialized arbitration knowledge is important for these contracts to include workable dispute resolution mechanisms. If such contracts are executed without due attention to their arbitration clauses, lawyers may find the trust of clients to be eroded in the time of a dispute.
- Prices that lawyers can justifiably charge increase with the complexity of the problem that they are solving for clients. International commercial arbitration work is complex, thus making the work lucrative for lawyers who can provide effective results. Amounts in dispute are also of sufficient value. Thus, clients are willing to pay lawyers a good premium for their services.
- Clients need lawyers to actively lead the dispute resolution strategy, even if they are not qualified in a foreign jurisdiction. Therefore, ignorance of the law of foreign jurisdictions or lack of a license to practice abroad is not an acceptable reason to be passive.
- Internationally, there is development around third party funding of international arbitrations. Countries such as Hongkong, Singapore and France have created an environment to permit such funding.
Challenges Faced by Lawyers During Performance of Arbitration Work
- Transactional lawyers draft arbitration clauses every day, but often make mistakes regarding the aspects of the dispute, leading to unworkable or defective arbitration clauses. The seat vs. venue debate in Indian jurisprudence is an outcome of ‘pathological’ arbitration clauses.
- Contracts in technology and other sectors are increasing of a cross-border nature - transactional lawyers struggle to provide inputs to clients on which systems of law to choose and why.
- With respect to their contracts with foreign parties, clients often want to know - how is the choice of Singapore contract law different from UK contract law, or from Indian contract law? They want their lawyers to compare systems of law like different versions of a software product, or like different laptops or mobile phones. This requires lawyers to possess deep clarity of different legal systems. Due to the territorial nature of legal systems, lawyers have not developed that sense and lack such clarity.
- Disputes lawyers step into the picture ‘after the fact’, that is after the damage has been done. They are mostly aware of arbitrations or their enforcement anywhere else other than their home jurisdiction. However, they are frequently required to liaise and collaborate with international counsel with offshore legs of arbitration proceedings, which requires a great deal of familiarity with offshore legal systems and arbitration processes.
- International commercial arbitration textbooks often focus on the ‘flavours’ and ‘range of possibilities across multiple legal systems. There is inadequate focus on the rules of specific arbitral institutions, specific legal outcomes for a target audience (e.g. in Indian tech companies), and on jurisdictions where there is a high-volume of arbitration from a practitioners’ perspective. Additional independent study and exposure to real arbitrations are required to develop that perspective.
Difference between international commercial arbitration textbooks, moot court competitions and real-world work
- International commercial arbitration textbooks are not jurisdiction-specific and primarily focus on the principles. Application of the principles in each jurisdiction and scenario needs to be learnt by practice. Similarly, textbooks in India primarily focus on Supreme Court judgments. There is a lot of room left for learning the strategy disputes, drafting skills for different documents, rules of different arbitral institutions, enforcement strategies with respect to offshore jurisdictions, etc.
- Moot court competitions such as the Willem C. Vis Vienna or Hong Kong are based on conventions such as the CISG, which India is not a signatory to.
10 Skills That Distinguish Successful Arbitration Lawyers
- Drafting skills to effectively draft arbitration clauses, pre-arbitral notices, claims, statements of defence and other documents with respect to arbitration proceedings
- Drafting and review skills to effectively review documents filed before courts of supervisory jurisdictions or the jurisdiction of enforcement
- Grasp the commercial intent of different commercial contracts to make effective written and oral arguments
- Develop an understanding of substantive principles of contract law (of offshore jurisdictions)
- Develop knowledge of arbitration statutes of foreign jurisdictions
- Utilise the powers of courts of supervisory jurisdiction for intervention in arbitration proceedings
- Utilise the rules of different arbitral institutions to one’s advantage in a real dispute
- Strategic use of mediation advocacy skills to enable parties to arrive at consensual outcomes
- Leverage other aspects of domestic legal systems, such as public policy, arbitrability, anti-suit injunctions and proceedings before judicial forums and tribunals in-home and offshore jurisdictions
- Skilfully conduct evidence proceedings in arbitrations
5 steps to be prepared to handle international commercial arbitration work
- Attend online classes to learn how to perform real-life work, refer to in-depth practical study materials and templates
- Perform practical exercises on the most frequently performed tasks in the real world to develop your own skill-sets
- Improve with constant in-line feedback
- Develop a track record of practice-area specific articles (not academic or theoretical articles) to improve visibility in your network
- Apply for placement assistance
Does this course deal with investment treaty arbitration?
Investment treaty arbitrations follow two models - the ICSID Model and the UNCITRAL Models. The Bilateral Investment Treaties (BITs) signed by India follow the UNCITRAL Model, which is taught in the course. Therefore, those who want to work on investment treaty arbitration will also find this course beneficial.
What is the career potential after doing this course?
- Transactional/ corporate lawyers can use international commercial arbitration knowledge to draft superior contracts and handle the initial phase of the dispute resolution strategy effectively. Those who intend to shift to a disputes-oriented practice can use this area as a stepping stone for the shift.
- Litigators who want to shift to the disputes practice of a law firm can use knowledge of international commercial arbitration as the bridge for such a shift.
- Litigators who want to work on commercial matters must mandatorily learn international commercial arbitration as these matters are very lucrative.
- Independent practitioners who want to offer complex and high-margin services to clients have an opportunity to advise and represent clients in international commercial arbitrations.
- In-house counsels working in companies that have a global presence or international clients need to learn international commercial arbitration to handle dispute resolution strategy (pre-dispute and after the dispute has arisen) under those contracts.
- Law students who want to work in the disputes team of a law firm or build a career in arbitration will find this skill to be useful in securing jobs and internships.
- In-house legal team in B2C companies
- Litigation firms (dispute resolution teams)
- Independent Litigators
What is Unique About This Course?
- Knowledge of mediation processes of commonly chosen international venues for institutional arbitration and the process and the skills required for mediating such disputes when representing a client.
- The ability to draft arbitration clauses keeping in mind the checklists of various commonly chosen institutional arbitrations for International Commercial Arbitration.
- The course trains you on the law of different jurisdictions which are common jurisdictional hot seats for International Commercial Arbitration including the law of challenge and enforcement in several such jurisdictions.
- The ability to draft Statements of Claim and Defense in International Commercial Arbitration.
- The course is tough and intensive, you will not be awarded the certificate unless you complete all the exercises. You have to spend 8-10 hours per week on this course.
- You will get personal attention and coaching from the trainer, and get individual feedback on the quality of work you produce.
- You will be writing an article every month and with our guidance publish the same either on iPleaders blog or various other industry publications
- We will provide you with a free course on professional networking, CV writing and interview skills so that you can easily find jobs.
- Those who perform well in class will be recommended to top law firms for internships and jobs. If you do not need such help, let us know in what other way we can help you.
After completing the course, you will be able to perform work pertaining to international commercial arbitrations for different kinds of clients with ease.
Who should take this course?
- Independent practitioners who want to offer high-value services to clients.
- Young litigators who want to become independent as early as possible in their career and intending to practise in international commercial arbitration.
- Litigators who want to secure retainership arrangements from large B2C companies especially in large claims in cross-border disputes.
- Corporate lawyers who wish to draft transactional work and provide advisory services for cross-border disputes.
- Law students are interested in pursuing a career in international commercial arbitration.
Online 24/7 access
Access to basic study material through an online learning management system, Android and iOS app
Hard Copy Study Material
Hard copy study material modules to be couriered to your address
2 practical exercises every week, followed by written feedback
Live Online Classes
Based on the exercises, there will be a live video-based online class. You can ask questions, share your screen, get personal feedback in this class.
Convenient Class timings
Classes are held after regular work hours. Typically classes are kept on Sunday afternoon or 8-9 pm on other days.
Live Doubt Clearing
You can ask questions, get your doubt cleared live as well as through online forums
Principal Learning Objectives
Participants who pursue the course will be able to perform the following broad kinds of work:
- Draft error-free, risk-free and fully functional international commercial arbitration clauses in different situations
- Perform hands-on work on international commercial arbitrations in Dubai (DIFC), Singapore and UK (and in other jurisdictions)
- Draft and review arbitration documents, whether they are contracts or pleadings, and effectively collaborate and liaise with offshore counsel in different kinds of proceedings before the arbitral tribunal, judicial proceedings in connection with the arbitration in the supervisory jurisdiction and in enforcement proceedings
- Perform advisory work and take strategic decisions on initiation of proceedings globally
- Acquire in-depth knowledge and seamlessly utilise insights from the rules of the most frequently designated international arbitral institutions (ICC, LCIA and SIAC) for arbitration proceedings
- Select appropriate prayers for emergency relief, interim relief or in their statement of claims or counterclaims
- Effectively draft key documents related to international commercial arbitration
- Develop expertise on the Indian framework with respect to international commercial arbitrations, seated in India and abroad
- To learn how to browse through and interpret the arbitration law of foreign jurisdictions (relevant for offshore international arbitrations)
- Advise clients on how to select an appropriate seat and to initiate proceedings before courts of a foreign supervisory jurisdiction
- Distinguish how the choice of contract law impacts a party in the event of a dispute
- Effectively give insights to clients on the selection of an appropriate system of law for the contract in an international commercial arbitration
- To identify when and how to use an expedited or fast-track procedure of an international arbitration institution
- Use mediation as a tool to effectively arrive at consensual outcomes in complex arbitration proceedings
Industry Academia Panel
CEO and Co-Founder, iPleaders and LawSikho
Advocate, Singh & Associates
Partner, Triumvir Law
Partner - Triumvir Law, Ex-JSA, KIIT Law School
Partner, Triumvir Law
Advocate, Saurin Mehta & Associates, Ex-AM Legals, GNLU
Principal Associate - Khaitan, Ex-CAM, University of Cambridge
Advocate, AKS Partners, Ex-LawSikho, Symbiosis Law School, Pune
Independent Advocate, Ex-AZB, Ex-Khaitan, Ex-Trilegal, NUJS
(Principal Associate, Advani & Co, BW’s youngest 40 under 40 lawyer
Recruitment and Internship Support
We are the only organisation in India with such exhaustive support for placements, client referrals and internship opportunities. Many employers, law firms and companies are happy to recruit our high performing students. If you do well in your exercises and classes, we can help you to get jobs, internships and assessment internships in good law firms, with renowned lawyers as well as in various companies.
If you take this course, follow it diligently for a month, do all the exercises but do not find value in it, we will refund the entire course fee to you. It is a 100% money back guarantee with only one condition, you must do it properly for a month. If you don’t find it valuable after that, get your entire money back. How to get the refund? Read the detailed money-back guarantee policy here.
List of Weekly Exercises
- A local competitor in the Japanese market has sprung up and is denting the sales of your client’s product. He was earlier your client for the product for 6 months. This competitor has chosen a similar sounding name and color scheme, but in Japanese it’s written differently. He also hired one of your consultants, in breach of a non-compete clause, to make his website. There was an arbitration clause in the contract. What actions can you take to stop this?
- Your client, who is selling electric automobiles (like Tata or Mahindra) will open offices in Singapore, Dubai, US and UK in the next 18 months. Before they incur any expense and brief a local lawyer or consultant, they want your preliminary advice on a few key issues:
- A common neutral seat for international arbitration for local partners and distributors in all those states
- Enforceability of arbitral awards in those states against local partners
A client from Netherlands has requested an online arbitration agreement to be drafted for a prospective iOS and Android app developer for an e-commerce app. Draft the agreement and mention the choice of ODR rules/ e-arbitration service [The seat in online arbitrations is often mutually agreed by the parties by way of agreeing to the terms and conditions of the e-arbitration service. For e.g If you use SAMA, the seat of arbitration would be Mumbai, India, unless otherwise agreed by the parties]
For the same situation as above, draft a negotiation-arbitration multi-tier arbitration clause for the parties.
In furtherance of entering into an sole selling agency agreement with a builder, a local estate agent has approached you for the purpose of determining the right type of dispute resolution mechanism for matters occurring out of such contracts.
Your client, A, is a construction company which undertakes projects internationally, in collaboration with government agencies and peers. A agreed to enter into a construction contract, containing an arbitration clause, with the government of Lesotho for the purpose of building a flyover. Due to the pandemic, the country faced an extreme financial crisis which resulted in default of payment of installments to A. Draft a notice of commencement of arbitration on behalf of A.
For the same situation as above, draft an application for interim reliefs before the Singapore International Arbitration Centre (assuming that the parties chose SIAC in their agreement)
In 2021, a petrochem company based in Mauritius, A, filed a request for arbitration before the International Chamber of Commerce (ICC), Paris in relation to an agreement of restructuring which was entered into between the said company, the Government of West Bengal Industrial Development Corporation and another petrochem company, B on 12th January 2006. The said restructuring agreement consists of an arbitration clause requiring the parties to apply before the ICC. As per the agreement, the Government of West Bengal was to cause a government agency to transfer all existing shareholding to A to ensure that A holds 51 per cent of the total paid up capital of B. A dispute arose regarding the allotment of shares and alleged instances of oppression and mismanagement. On 8th March 2008, the parties entered into another agreement for an exclusive jurisdiction to courts in Calcutta to decide disputes arising out of the said agreement.
On behalf of B, draft an anti arbitration injunction against A on the following grounds.
It is the case of B that the arbitration agreement is rendered void in respect of the claim for transfer of shares in favour of A inasmuch as they had contracted in their previous agreement. The legal liability is redefined in the subsequent 8th March, 2008 agreement. Therefore, B intends to adjudicate the dispute before another forum.
Consider a situation where a party decorator is hired by John Doe, a father of twins, for the purpose of decorating their backyard for his children’s upcoming birthday party. John paid additional fees to the decorator for arranging a backyard playhouse attached to their swimming pool. Due to some construction defaults, one of the children fell from the structure and sustained moderate injuries. John initiated an online arbitration proceeding against the party decorator and ended up attaining an award in his favour. Despite the pronouncement of the award, the party decorator continues to refuse issuing refund of the said amount. Draft and enforcement petition for John assuming that the seat of arbitration was Singapore.
- Exercise on identifying when a dispute is considered as an International Commercial Arbitration and what are the differences between ICA and domestic arbitration
- Compare rules of different arbitral institutions and select an appropriate arbitral institution for a dispute in view of the contract - LCIA, SIAC, HKIAC, AAA, AAA-ICDR, DIAC, DIFC-LCIA
- Identification of pathological arbitration clauses and how to determine the seat and venue in an arbitral dispute by interpreting the arbitration agreement
- Exercises on review of arbitration clauses and advice on invocation of arbitration proceedings in a cross-border dispute
- How to calculate the cost of arbitration in famous arbitral institutions such as SIAC, LCIA, HKIA and other arbitral institutions
- Exercise on the identification of key factors while choosing an arbitral institution for the resolution of disputes
- How to appropriately draft an arbitration clause for institutional arbitration (with respect to rules of popular international arbitration institutions, including terms that are incorporated by default)
- How to select appropriate interim reliefs in cross-border arbitrations related to EPC, power, technology and other international arbitrations
- Draft an application for interim measures before a court and an arbitral tribunal
- How to approach an arbitral institution for emergency relief
- Enforceability of emergency relief in different jurisdictions
- Draft a Statement of Claim in international commercial arbitration proceedings
- Draft a Statement of Defense in international commercial arbitration proceedings
- Identify the grounds for setting aside arbitral awards as per the UNCITRAL Model Law grounds, as incorporated in the domestic laws of arbitration in Singapore, Hong Kong, UK, DIFC-Dubai, and the US
- Exercise on a challenge to enforcement of arbitral awards as per New York Convention and the appropriate court for seeking enforcement of foreign arbitral awards in Singapore, Hong Kong, London (UK), DIFC in Dubai and the US
- Procedure for setting aside arbitral awards in courts of various hot seats of arbitration
- Enforcement procedures in the courts of commonplaces of enforcement
- How to draft multi-tiered arbitration clauses (that is, with appellate arbitration)
- Exercises on securing anti-suit injunctions from a court against the other side
- How to draft med-arb clauses, or arb-med-arb clauses, which mediation and conciliation procedures
- Enforceability of mediation awards
- Identification of an appropriate forum for institutional mediation and comparison of med-arb or arb-med-arb procedures of arbitral institutions such as the SIAC, LCIA, HKIA and DIFC-Dubai
- How to represent a client in mediation, through mock mediation proceedings
- How to mediate a dispute and the difference in approaches of a mediator and conciliator
Above prices are inclusive of all applicable taxes and charges. Option to convert your payment into two instalments is available on checkout page.
- Get Sample Material in your inbox
- Regular career guidance on email
- Sample Exercises
- Five very useful lessons
- No certification
- Printed study material (by courier)
- 1 online live class/ week (12 weeks)
- 2 practical or drafting exercises per week (9 weeks)
- 3 writing assignments (3 weeks)
- Get digital access to entire study material
- Access on LMS, Android & iOS app
- Instructor-feedback on assignments
- Doubt-clearing on WhatsApp, LMS & classes
- Instructor led course with online live classes
- Online exams (give exams as per your convenience on given time slots)
- Certificate (by courier)
- Placement assistance for internship, jobs and referrals CV enhancement
- Top students are recommended to law firms and companies
- Networking opportunities with other students & alumni and further guidance on professional networking
- Training for writing and publishing articles
- Access to updated content online for 3 years
- Doubt-clearing within 24 hours
- Access to all of Lawsikho.com's courses for 4 years (including new courses launched in this period)
- Immunity from future price increases for 4 years
- Complimentary access to members-only paid Facebook group for exclusive career opportunities and content
- Inclusion of templates and lessons on your request on a priority basis
- Priority pass for personal coaching, doubt-clearing, customer-support
- Free passes and invitations to all Lawsikho events and meet-ups across India
- Direct mentorship from Ramanuj and Abhyuday
- Personal feedback on as many assignments as you want
- Access to Lawsikho alumni network
- Priority processing for articles submitted to iPleaders blog and Superlawyer interview recommendations
New York & Geneva Convention
To what extent are liquidated damages valid?
What if the amount of liquidated damages specified is very high?
Is there some prohibition against inclusion of penalty clauses?
Are indirect and remote damages enforceable?
Is there a duty of the party suffering loss to mitigate damages?
Are punitive damages, if agreed contractually, valid?
Punitive damages/ penalties
Interpretation of contracts
Is declaratory relief relevant?
Do national laws constrain this?
How to challenge an arbitral award or its enforcement in Singapore
How to challenge an arbitral award or its enforcement in US
How to challenge an arbitral award or its enforcement in UK
How to challenge an arbitral award or its enforcement in Dubai
How to challenge an arbitral award or its enforcement in Hong Kong
How to challenge an arbitral award or its enforcement in Japan
How to challenge an arbitral award or its enforcement in Canada
How to challenge an arbitral award or its enforcement in Netherlands
How to challenge an arbitral award or its enforcement in Brazil
How to challenge an arbitral award or its enforcement in Australia
How to challenge an arbitral award or its enforcement in China
How to enforce an award in Singapore
How to enforce an award in US
How to enforce an award in Canada
How to enforce an award in UK
How to enforce an award in Netherlands
How to enforce an award in Japan
How to enforce an award in Brazil
How to enforce an award in Australia
How to enforce an award in Dubai
How to enforce an award in China
Interim relief from the tribunal and courts
Which jurisdiction’s courts can you approach for interim relief
Types of interim reliefs: preservation of documents, production of witnesses, preservation of status quo, etc.
When do you need to go to the court of the seat for interim relief?
Appointment of arbitrator.
Enforcement of an interim award.
Setting aside the award [district courts (unless pecuniary jurisdiction of the High Court is attracted, or unless the High Court has original jurisdiction].
Appeal against interim measures or against the refusal/ order to set aside the award.
Exclusivity clause and restraint of trade
Confidentiality and Causation
Delay and other performance defaults (Cost escalation)
Indemnity and limitation of liability
Clauses in restraint of legal proceedings in different legal systems
Stamp duty or its equivalent in non-Indian laws (Contract/ Arbitral Award)
Remoteness of damage
Mitigation of damages
Singapore Convention on Mediation
UN Model Law on International Mediation and Conciliation
Transactions/ disputes most suited for mediation
Psychology for mediator and conciliator and Advocates
Students of LawSikho will be provided hard copy materials within 30 days of your course commencement date.
However, online classes, videos, regulatory updates and periodic upgrades to the courses cannot be included in the hard copies. We will provide you with hard copy material for all important chapters. We keep adding many new chapters from time to time and there are restrictions on page numbers so all online material cannot be available in hard copy. We would keep adding new material online from time to time, so please do not expect all such material to be made available in the hard copy also. You can use the hard copy materials for your reference, however, we recommend that you do not exclusively rely on hard copies for cracking the assessment test and the exercises. Please refer to the online library of materials from time to time.
Note: We will send hard copy material through our service partners. We have three service partners.
1. Indian Speed Post (Provides delivery ‘anywhere in India’ under contractual service)
3. Trackon Couriers Pvt Limited
If our service partners do not have a presence in your area and want to get the hard copy, you can send us a specific request.
LawSikho will not be responsible if the speed post bounces back or hard copy material is not delivered. We will levy the courier charge on you in such a scenario.
Please visit the respective course page to learn more about the hard copy study material policy of that course.
If international students require hard copy material, they need to share their correct address and we will let them know the cost of the courier which they need to pay and then the hard copy will be dispatched. This is the process because the cost of an international courier is very high compared to the domestic courier within India (for domestic courier we have no additional charges). Some international students provide us with an Indian address for couriering hard copy material. In those cases, we charge nothing extra for the courier.