New York & Geneva Convention
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.
After completing the course, you will be able to perform work pertaining to international commercial arbitrations for different kinds of clients with ease.
Participants who pursue the course will be able to perform the following broad kinds of work:
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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?
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 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 [High Court; or where the HC had initial jurisdiction, a Division Bench of a HC].
Singapore Convention on Meditation
UN Model Law on Intl Mediation and Conciliation
Transactions/ disputes most suited for mediation
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