Diploma in Domestic & International Commercial Arbitration
Acquire the practical skills and knowledge essential for success in the field of arbitration, secure your path to becoming an arbitration expert, and excel in the world of dispute resolution.
This course is recognized by the National Skill Development Corporation, a PPP under the Ministry of Skill Development and Entrepreneurship of the Government of India. You will receive a certificate cobranded by NSDC and Skill India on successful completion.
If you do not like or benefit from the course, you can get a 100% refund after 30 days of full participation. Read the refund policy here
ENROLLMENT CLOSING IN
Days
HRS
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SEC
No prior technical experience is required! All you need is a computer!
Bachelor of laws, LLM, Criminal law, Utkal University
Extensive litigation experience in India's top courts and tribunals, specializing in constitutional, civil, consumer, and corporate disputes. Provides litigation advisory services to PSUs, state governments, banks, corporates, and individuals.
Course Anchor
Amartya Kanjilal
Associate
Bachelor of law, Delhi University
A seasoned advocate, specializes in criminal and civil litigation at the Supreme Court and Delhi High Court. Renowned for his legal acumen, he played a key role in high-profile cases like the coal scam and 2G scam
Guest lecturer
Nishant Kishore
An independent law practitioner and Chanakya National Law University graduate, specializes in dispute resolution, contract law, financial technology, white-collar crimes, and risk assessment/management.
Freelance and Placement Mentor
Manyata Singhal
Associate
B.A. LL.B., L.L.M
Seasoned trademark attorney, offers guidance to students interested in trademark law and intellectual property rights, including insights into attorney roles and legal nuances in this specialization
Freelance and Placement Mentor
Avisha Barange
Associate
B.B.A LL.B. LL.M
Legal consultant and Assistant Professor of Law, mentors students interested in legal careers, offering insights into consultancy, teaching, and academic roles
Freelance and Placement Mentor
Siddhartha Priya
Senior Associate
Ph.D. in Marketing. LL.B. MBA. B.Tech
with over 10 years of diverse experience, mentors students interested in marketing, law, business, and more, offering insights into career opportunities in these fields.
I have completed a course from Lawsikho, last year & currently pursuing another. The rapid responsiveness of their teams is truly commendable. I am highly impressed by the quality of their employees, who are professional & dedicated. The courses provided invaluable insights, and the study material is comprehensive. Highly recommended.
Narmada Singh
I had a freelance session with Manyata, from LawSikho. I am totally impressed with the session hosted by her. She has a very friendly approach and she helped me set up freelance profile end to end. She went above and beyond and provided me with my 1st gig offer within 3 days of setting up my profile. I am grateful and thankful for the commitment she showed.
Alamnoor Singh
LawSikho offers impressive, well-structured legal courses with up-to-date materials and a strong focus on practical training. Their commitment to skill-building sets them apart, and their placement services are highly regarded. I would recommend LawSikho for anyone seeking to enhance their legal knowledge and career prospects.
Ssangeeta Sharma
Law Sikho is a very good platform for knowledge of law and gives practical insights. It's a good portal for both amateurs as well professionals. Keep it up Law Sikho.. Your name itself is inspiring.
What do you get inside the course
45+
hr.
of live practical sessions with industry experts
100+
hr.
of simulation oriented practice through highly empirical assignments.
15+
hr.
of personalised coaching catering to students’ specific needs and desired outcomes
15+
hr.
of training to facilitate a successful career through freelancing
20+
hr.
of assistance to help students build immaculate track records
Exposure to growing areas of law
It is a lot easier to find clients and get jobs in areas of law practice that are growing now rather than those that have stagnated. Lawsikho courses are designed to prepare you for the industry with skills & knowledge that are in demand by the market.
Learn & master real skills by doing
Gain real legal skills through hands-on practice. One hour of daily practice ensures expertise in the field. Our practical approach enables you to handle complex legal challenges confidently, preparing you for a rewarding and impactful career in the industry.
Knowledge & mentors for success
Our expert-designed courses guarantee a thriving legal career. Get unparalleled access to a wealth of knowledge and mentors who will guide you through every step, ensuring you acquire the necessary skills and insights to excel in the dynamic legal landscape.
Build an unmatched track record
Establish a strong online presence, publish articles, and connect with industry experts for your dream job. Leverage our guidance to build a formidable track record that showcases your expertise, helping you stand out from the competition and secure top-tier opportunities.
Find global jobs & freelance work
Our dedicated placement team and US subsidiary help you secure jobs, internships, and freelance projects worldwide. Expand your horizons, work with diverse clients, and gain exposure to international legal practices, propelling your career to new heights.
Ride in the remote work revolution
Earn more, work flexibly, and explore limitless opportunities in international remote work with LawSikho. Embrace the future of legal practice without restricting yourself to your city or town, and seize the chance to shape a successful and fulfilling legal career on a global scale.
We are building a world where lawyers can work across borders, learn any skills they want very rapidly and don’t burn out from overwork
Remote work means better opportunities for you
Break free from low-paying, dead-end jobs & exploitative seniors. Work with international clients and earn in dollars. Give us just 2 hrs a day and turn your career around.
Learn high-demand skills and specialise for immediate growth
What are the areas of law that are seeing massive growth in work and clients but not enough lawyers with relevant skills? Regulation of emerging tech, data protection and privacy laws, international trade & taxation, M&A and investment laws, banking and finance, contracts, arbitration - there are many areas of law that are seeing huge growth. Do you have the skills needed?
Learn US laws and work as remote paralegal
Legal services is a $330 billion market in the US. In India its just $2 billion. Even if you work as a freelance paralegal charging $10-20 per hour, you can make more than what most lawyers earn from India’s top law firms. But this requires you to learn US law, and we are here to help.
Build an awesome track record to win prospective clients
Lawyers with better track records get paid more. But you don’t have to spend 10 years building that track record and reputation in a local court. Leverage the internet, blogging, professional social media, the magic of search engines & services market places like Upwork, and build an enviable profile in 6-12 months.
Qualify as a lawyer in California, Canada or UK
You can earn a lot more and have many more career options if you clear a foreign bar exam and register as a qualified attorney. Good idea to start as a remote paralegal, but the next stop is full fledged qualification so that you can raise your hourly rates by a lot! This is a new world of opportunities, and we are here to help.
LawSikho courses work best for:
Law graduates who are graduating or recerntly graduated without a job and need help
Lawyers who are not earning enough and want to grow their earning potential
Non-lawyers who want to learn the law in a way that they can benefit in their career
Key Highlights
Beyond theory, the course emphasizes practical knowledge and application. Participants engage in hands-on exercises, ensuring they can effectively navigate real-world IP scenarios. This course offers a thorough and in-depth exploration of Intellectual Property law, providing participants with a solid foundation in this complex legal domain. The course equips individuals with the skills needed to address objections and disputes related to intellectual property, providing valuable insights into dispute resolution strategies. With a focus on diverse industries including media, finance, sports, fashion, pharmaceuticals, and more, participants will gain insights applicable to a wide range of professional settings. Participants will gain expertise in the critical areas of trademark and design registrations, enabling them to guide clients through the intricacies of protecting their intellectual property assets. The course structure includes live online classes and practical exercises, ensuring participants have the opportunity to apply their knowledge and receive real-time feedback.
Introduction
“Indian courts are overcrowded. It can take ages to resolve a simple dispute."
Then where should parties with serious legal disputes involving stakes of crores or rupees (often hundreds or thousands of crores) go? They cannot let disputes over high stake contracts languish in the court for decades! Can the Indian justice system offer a solution?
SITUATION A: DOMESTIC FRONT:
Let’s say the government has hired a company to build the bullet train between Ahmedabad and Mumbai. It is but obvious that the company that got the contract to build the entire infrastructure will now have to involve many different companies to do various things - provide important materials, parts, build various parts of the infrastructure, provide insurance, provide storage facility, security systems, transportation of goods, manpower, architectural designs and what not. For the entire project to move at a reasonable pace, hundreds of such goods and service providers have to collaborate like clockwork according to a pre-decided plan,
What if one of the vendors, let’s say the architectural planner, delays providing its service by 1 month? What would be the loss to all other parties? Can you imagine how much this can increase the cost of the entire project?
Let’s say the architectural planner has delayed its services, because of which the project suffered great economic losses. Can this be now recovered from the service provider? The law says yes. But when and how? What action must be taken to achieve this? What is the procedure?
The answer lies in arbitration, which has rapidly become the first choice for dispute resolution by Indian parties.
The government is also robustly promoting arbitration. Without this dispute resolution system, businesses in India cannot thrive today. This has also become an amazing opportunity for various professionals to capitalise on. Lawyers have an entirely new domain before them and this makes Arbitration practises very lucrative for legal professionals and law students alike.
SITUATION B: INTERNATIONAL FRONT:
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 are 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. Specialised 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 at the time of a dispute.
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 licence 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.
Why did we create this course?
Have you ever wondered how businesses around the world work together? Imagine being the go-to expert who guides them on creating and enforcing contracts that span across borders. That's where our course comes in!
We saw a gap between what entrepreneurs and businesses need from legal experts when it comes to international arbitration and what resources were available. So, we decided to bridge that gap and create a course that gives you the knowledge and skills to shine in this exciting field.
With remote work becoming the norm, businesses are collaborating across countries more than ever. This means tons of international arbitration are being drawn up. And guess what? Our course isn't just about teaching you how to draft these contracts – it's also about showing you how to make sure they actually hold up.
In this course, we're going to help you master the art of dealing with contracts across different countries. We'll teach you how to negotiate, write, and make sure those agreements are followed, using the legal systems of each country. Plus, we'll show you how international arbitration can be a powerful tool in commercial disputes. Get ready to level up your contract skills
Come along on a fun learning adventure! Get ready to dive into the exciting course of Diploma in Domestic & International Commercial Arbitration.
Who Should Take This Course?
Independent practitioners: who want to offer high value services to clients.
Young litigators: Lawyers looking to branch out to arbitration, who want to become independent as early as possible in their career and intending to practise in domestic & international commercial arbitration.
Litigators: Lawyers who want to secure retainership arrangements from large B2C companies especially in large claims in cross-border disputes. Lawyers working for companies that deal with mega-contracts (contracts worth INR 100 Cr and more)
Corporate lawyers: who wish to draft transactional work and provide advisory services for cross-border disputes.
Law students interested in pursuing a career in arbitration both domestic & international.
Managers and officers: who frequently deal with arbitration matters and have to instruct and manage lawyers.
Industry experts: with significant experience who want to become arbitrators
What will you learn from this course?
Understanding Legal Systems
We'll explore different types of legal systems in various countries and their unique features. This knowledge will help us create contracts that work effectively in these countries.
Crafting Effective Notices
We'll learn how to write notices for various situations like default, breach of contract, and starting arbitration. This is essential for international contracts.
Navigating Court Systems
We'll dive into the court systems and case management in several countries, such as Singapore, the US, UK, Dubai, Hong Kong, Canada, Japan, Brazil, and the Netherlands.
Resolving International Conflicts
We'll address conflicts that arise between organizations from different countries and within multinational companies.
Mastering Negotiation Techniques
Learn different negotiation methods and how to use them while creating contracts. Negotiation can also be a way to resolve disputes.
Understanding Mediation and Conciliation
We'll explore how international mediation and conciliation work, which can be crucial in resolving disputes.
The Anatomy of Contracts
We'll break down the essential parts of a contract, especially for those involving multiple countries. Knowing these key parts is crucial during disputes.
International Commercial Arbitration
Understand the ins and outs of international commercial arbitration. This includes dealing with both Indian and foreign aspects of such arbitration.
Choosing Arbitration Rules
Learn how to select the right arbitration rules when dealing with international parties.
Drafting Arbitration Clauses
We'll delve into creating arbitration clauses for international commercial arbitration in contracts spanning multiple countries.
Picking the Right Arbitration Institution
Understand the implications of choosing the law of countries like Singapore, the UK, the US, Canada, and India as the governing law for your international contracts.
Expert Contract Advice
Learn how to review the contract laws of any country to provide the best advice to clients regarding suitable governing laws.
Preparing for Arbitration
We'll learn how to draft a Statement of Claim and a Statement of Defence for international commercial arbitration.
Anti-Arbitration Injunctions
Explore how to obtain anti-arbitration injunctions in several countries, including Singapore, the UK, the US, Canada, and India.
Challenging Arbitration Awards
We'll understand the process of initiating proceedings to challenge or set aside an arbitration award in different countries.
Training Methodology
Online 24/7 access
Access study materials via our online portal & via our anroid & iOS apps.
Hard Copy Study Material
You will receive hard copy study material delivered to your address.
Practical Exercises
Two practical exercises every week, each followed by written feedback.
Live Online Classes
Live online classes based on exercises, allowing questions and feedback.
Convenient Class timings
Classes held after work hours, typically on Sundays or after 8 PM on weekdays.
Live Doubt Clearing
Live doubt clearing for support and one-on-one sessions with mentors.
What Is The Career Potential After Doing This Course?
Transactional/corporate lawyers can use 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, or work on commercial matters
Independent practitioners who want to offer complex and high-margin services to clients have an opportunity to advise and represent clients in domestic & international commercial arbitrations.
In-house counsels working in companies which have active presence in domestic arbitration and have international clients need to learn 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.
Potential Employers
Litigation chambers, dispute resolution teams in law firms,
In-house legal teams of companies
Startups
Litigation firms (dispute resolution teams)
Independent Litigators
Freelance
Niche ODR Services like SAMA, AAGAMI
Arbitrators and arbitration lawyers and firms
Relevant Industries
Heavy Industries
Energy
Finance
Technology
HOSPITALITY
MINING
GOVERNMENT
MANUFACTURING
Infrastructure
What kind of recruitment and placement support will I get?
Unique Training Method: We're the sole organization in India offering comprehensive, exercise-based courses.
Employer Recognition: Many leading employers, law firms, and companies actively seek our high-performing students.
Career Opportunities: Success in our courses can lead to job placements, internships, and assessment internships in esteemed law firms, with renowned lawyers, and various companies.
Empowering Learners: We focus on empowering learners with not just knowledge and skills, but also real-world opportunities.
Dedicated Support Team: Our dedicated team is here to assist you with placements, internships, and freelance opportunities.
Proven Success: Between April 2021 and June 2023, we've helped over 21,000 students secure job and internship opportunities.
Media Recognition: Our achievements have been featured in respected media outlets like The Hindu, Business World, and India Education Diary.
Impressive Value: Our students have secured over Rs. 2.7 Crore (USD 330,000) worth of work, with records of INR 30 LPA (USD 37,500) domestically and INR 50 LPA (USD 62,500) internationally.
Comprehensive Support: From day one, our placement team guides you in setting goals, crafting standout CVs, enhancing interview skills, and supporting your critical first month on the job or during an internship.
Trusted Recruiters: We've built strong collaborations with recruiters who prefer hiring our well-trained students.
Competitive Edge: Partnering with us gives you an edge in the job market and opens doors to exciting career prospects.
What Is Unique About This Course?
The course is not limited to a provision-by-provision study of the statute and associated case laws alone.
The course trains you on different kinds of actual work that is required to be performed by arbitration lawyers and other professionals who deal with domestic as well as international commercial arbitration.
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 favourable draft arbitration clauses in domestic as well as International Commercial Arbitration keeping in mind the checklists of various commonly chosen institutional arbitrations for the latter.
The ability to draft Statements of Claim and Defense in domestic as well as International Commercial Arbitration.
The course trains you on the law of different jurisdictions which are common jurisdictional hotseats for International Commercial Arbitration including the law of challenge and enforcement in several such jurisdictions.
Those who perform well in class will be recommended to top law firms for internships and jobs
After completing the course, you will be able to handle arbitration proceedings for your client or your business, carry out related work and be at ease with procedural and strategic aspects of arbitration.
Even if you plan to become an arbitrator, doing this course will prepare you for what you are going to face ahead.
Here, Empowerment with invaluable skills in negotiation, crafting, and ensuring the success of international contracts. Whether you're a student eager to learn, a law graduate seeking a competitive edge, or a working professional aiming to advance your career, this course is designed for you.
By the end of this course, you can expect to have secured enough skills to be able to effectively advise startups or multinational companies on drafting their international contracts so as to ensure appropriate enforcement.
By the end of this course, you will be able to learn how to draft various notices such as notice of breach, notice of commencement of arbitration, notice of waiver, notice of renewal etc. for international contracts. This skill is not being taught in any contract drafting course available for international contracts.
This course is designed to be dynamic and immersive. To earn your well-deserved certificate, all you need to do is successfully finish the set of assignments we provide. Imagine honing your skills for just 4-5 hours a week – that's less time than a favorite TV show! And remember, these assignments are your key to unlocking the full potential of the course, which is already packed with awesome classes.
You will have interactive classes with high-quality discussions which will be taken by the experts of this course. You can get all the doubts resolved in the classes or even outside the classes through course groups and email.
You will get personal attention and coaching from our trainers who will be assigned to you, and have access to a dedicated course anchor who will help you with submissions or any guidance or issues you may have as you progress through the course.
You will receive in-line feedback for the assignments you submit, which will improve your performance to a significant extent.
You will be trained in writing for six writing assignments during the term of the course and if these are of publishable quality, these shall be published on the iPleaders blog which sees a footfall of more than a million visitors a month.
Can I get remote freelance work after doing this course?
At LawSikho, we have two types of students: those who already possess good legal skills and those who are in the process of learning. We believe in enabling our learners to start earning from their knowledge without delay.
For students with professional-level legal skills, we offer opportunities in contract drafting, data & privacy, international business law, US immigration law, litigation support, and international IP law work.
However, we understand that acquiring professional-level skills takes time. For those who are still developing their legal skills, we provide alternative work opportunities such as writing articles, conducting research, legal transcription, data entry, law firm administration, social media management, and more. Some students even engage in tasks like voice-over work, data compilation, translation, and virtual assistance.
We have established a dedicated team that actively pitches to organizations in the US to help LawSikho students find remote work.
We have set up a US entity to bridge the trust gap between US legal professionals and an organization operating from India.
We focus on getting learners their first three clients, guiding them in crafting impressive proposals. By the time they secure these initial clients, learners become well-adjusted to the process and can independently attract more clients.
They build their CVs and profiles with real work experience and testimonials, opening doors to numerous opportunities.
Getting started is often the hardest part, but at LawSikho, we make the process frictionless. We have witnessed law students earning well over $1000 per month.
Some students have earned $500 in their first month as a side gig. We have students who, after a year, now earn $10,000 per month. While some may start with $300, they make progress by learning new skills, improving their profiles, and pitching for higher-paying work.
Between April 2021 and June 2023, we created over 21000+ opportunities for our learners, resulting in thousands of students securing freelance work. The total value of work secured amounts to over $3,30,000 (Aprox INR 2.7 Crore). Additionally, hundreds of individuals found employment, and secured internships.
Please note that these numbers represent the initial gigs facilitated directly by us or those on which we actively collaborated with the learners. Students have also secured additional work beyond our tracking
How will you clear my doubts and help me if I am struggling to understand or learn a concept?
In our live classes, you can ask questions, share your screen, receive personal feedback, and have your doubts cleared.
If you need more help after getting feedback on an assignment or want career advice, you can schedule a private one-on-one call. Our evaluators and mentors are here to assist you and give you advice that's tailored to your needs.
Money back guarantee
If you take this course, follow it diligently for a month, do all the exercises but still do not find value in it, or not able to understand or follow it or not find it good for any reason, we will refund the entire course fee to you. It is a 100% money back guarantee with only one condition, you must pursue 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
This course is recognized by the National Skill Development Corporation, a PPP under the Ministry of Skill Development and Entrepreneurship of the Government of India. You will receive a certificate cobranded by NSDC and Skill India on successful completion.
This is how the certificate from NSDC and Skill India will look as per the current applicable format (may change as per the approval authorities):
Specific Learning Objectives
Draft an arbitration clause (with variations)
Draft a notice of commencement of arbitration
Draft a Section 8 petition to refer disputes to arbitration & draft a Section 11 petition for appointment of arbitrator
Draft a petition under Section 9 & and an application under section 17 petition
Draft a statement of claims, statement of Defense, Counterclaim & Rejoinder.
Draft questions for examination in chief for your witness & cross-examination
Draft an affidavit to submit evidence for an arbitration proceeding
Identify gaps/ create a final argument based on response of witness in cross-examination
Draft petition for enforcement of arbitral award
Draft a petition for setting aside final award
Draft an appeal for setting aside interim relief granted under Section 9
Draft an appeal for setting aside interim measures awarded by the tribunal under Section 17
Draft an appeal against refusal to aside an arbitral award under Section 34
Draft Settlement Terms
Identify the difference between arbitration clauses in variations
Identify permissibility of interim reliefs
Prepare final arguments for an arbitration
Draft an application seeking extension of time for making Arbitral Award (Section 29-A)
Draft an application/ letter for correction or clarification of Award (Section 33)
Draft an application seeking stay of Arbitral Award (Section 36)
2019 & 2021 amendments to the Arbitration & Conciliation Act, 1996
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 identification of key factors while choosing an arbitral institution for resolution of disputes
How to appropriately draft an arbitration clause for institutional arbitration (with respect to rules of popular international arbitration institutions, including terms which 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 & 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 US
Exercise on Jurisdiction of Arbitral Tribunal in International Commercial arbitration.
Procedure of taking evidence and IBA Rules of Evidence.
Exercise on 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 US
Procedure for setting aside arbitral awards in courts of various hotseats of arbitration
Enforcement procedures in the courts of common places 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
Exercise on Investment Arbitrations with emphasis on ICSID and NAFTA
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
List of Weekly Exercises
Review a contract for export of certain products. Identify which clauses of the contract will be subject to treaties and conventions and will be different from a contract within a country. Also identify the different types of disputes that may arise from the contract.
Your client, a partnership firm, has already drafted their partnership agreement, however they have approached you to review the agreement. Review and redraft the arbitration clause keeping in mind the details provided to you.
Your client is a local supplier of marble who has entered into an agreement with an exporter. There was a clause in the agreement which prohibited the exporter from selling the marble locally, however, he has sold it locally. Draft a notice for commencement of arbitration on the behalf of your client.
Your client, a developer, has received a notice for commencement of arbitration from a purchaser of the unit in their scheme. The purchaser has defaulted in the payment of the last two instalments for the purchase of the apartment and as a result, your client, the developer has proceeded to terminate the agreement. You are required to draft a reply to the notice for commencement of arbitration.
Your client, a stationery supplier, hasn't received payment for certain stationery supplies to a showroom owner since the showroom owner claims that these were defective. Your client now wants to ensure that these items are not moved until there is an inspection conducted to check whether or not these are defective. Draft an agreement for interim relief on his behalf.
Your client, an insurance company, has experienced a breach of confidentiality from its Third Party Administrator (TPA). who launched a replica of the insurance company’s healthcare card scheme. The insurance company has already terminated its agreement with the TPA and obtained an ad-interim order restraining the TPA from using their own card scheme. You are now required to draft a statement of claim on behalf of the insurance company.
You are asked to cross-examine a bank official on the matter whether there were sufficient checks conducted in relation to a software which was used by one of the employees for conducting fraud. You are asked to identify 10 questions for such cross examination and also draft the final arguments for arbitration.
Draft a joint application under Section 29-A for extension of time for the passing of an arbitral award on behalf of an individual and a music production company based on the details provided to you.
Your client, a developer, had a dispute with a purchaser of property which was referred to arbitration and the arbitration award has required the developer to pay a specific amount of interest. The developer now wishes to challenge the arbitral award on the basis of scope of arbitration clause and award of interest. Draft an application for setting aside the arbitral award on his behalf.
A local competitor in the Japanese market has sprung up and is denting the sales of your client’s product. He was your client for the product for 6 months. This competitor has chosen a similar sounding name and colour 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 the 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 instalments 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 refunds of the said amount. Draft and enforcement petition for John assuming that the seat of arbitration was Singapore.
The legal counsel of your client, a civil works company, which is incorporated in India, but managed from Singapore has approached you to determine whether the provisions of international commercial arbitration would be applicable in the case of their dispute with a government company which had given them a construction contract. Draft a legal opinion answering specific questions and concerns from the legal counsel.
Advise a foreign investing company on whether emergency arbitration procedures before the Singapore International Arbitration Centre can be invoked in a dispute with the Indian JV partner based on information and details provided to you and precedents.
Your client, a company, has approached you to draft a settlement agreement in respect of a settlement arrived at in a mediation proceeding with an international non-profit organisation for use of top level domain. Draft the settlement agreement.
Learning Objectives of Exercises
Draft an arbitration clause (with variations)
Draft a notice of commencement of arbitration
Draft a Section 8 petition to refer disputes to arbitration & draft a Section 11 petition for appointment of arbitrator
Draft a petition under Section 9 & and an application under section 17 petition
Draft a statement of claims, statement of Defense, Counterclaim & Rejoinder.
Draft questions for examination in chief for your witness & cross-examination
Draft an affidavit to submit evidence for an arbitration proceeding
Identify gaps/ create a final argument based on response of witness in cross-examination
Draft petition for enforcement of arbitral award
Draft a petition for setting aside final award
Draft an appeal for setting aside interim relief granted under Section 9
Draft an appeal for setting aside interim measures awarded by the tribunal under Section 17
Draft an appeal against refusal to aside an arbitral award under Section 34
Draft Settlement Terms
Identify the difference between arbitration clauses in variations
Identify permissibility of interim reliefs
Prepare final arguments for an arbitration
Draft an application seeking extension of time for making Arbitral Award (Section 29-A)
Draft an application/ letter for correction or clarification of Award (Section 33)
Draft an application seeking stay of Arbitral Award (Section 36)
2019 & 2021 amendments to the Arbitration & Conciliation Act, 1996
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 identification of key factors while choosing an arbitral institution for resolution of disputes
How to appropriately draft an arbitration clause for institutional arbitration (with respect to rules of popular international arbitration institutions, including terms which 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 & 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 US
Exercise on Jurisdiction of Arbitral Tribunal in International Commercial arbitration.
Procedure of taking evidence and IBA Rules of Evidence.
Exercise on 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 US
Procedure for setting aside arbitral awards in courts of various hotseats of arbitration
Enforcement procedures in the courts of common places 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
Exercise on Investment Arbitrations with emphasis on ICSID and NAFTA
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.
Industry contributors
Akanksha Sisodia
Advocate, Singh & Associates
Akshay Ubale
Partner, Triumvir Law
Anubhab Sarkar
Partner - Triumvir Law, Ex-JSA, KIIT Law School
Prathik Cheralathammanda
Partner, Triumvir Law
Here are some of our faculty members
Abhipsa Anamika
Deputy Director, LawSikho, Practised formally in Supreme Court, Delhi High Court,NCDRC.
Note:
This is an indicative list of our guest faculty members and not an exhaustive list. We may change the faculty members at any point based on availability.
Syllabus
How to draft an arbitration clause
Arbitration agreement under Arbitration and Conciliation Act, 1996 as amended
Dispute resolution and arbitration clause variations
Strategic elements in arbitration clauses: Venue vs. seat, applicable Rules, jurisdiction, fees, timelines, qualification of arbitrators, prior mechanisms, etc.
Who should be appointed as an arbitrator?
Arbitration by reference
Severability of arbitration clause from the main contract : practical implications
Institutional arbitration clauses
Costs and impact of 2015,2019 & 2021 Amendments
When is arbitration beneficial (or not beneficial)?
Disadvantages of default arbitration clause
Impartiality of the arbitrator
Government Contracts
- Bargaining power with Government
- Negotiating with Government
- Unfair or one sided contracts
Video: Screencast of an arbitration clause
Key changes introduced by 2015 amendment to arbitration lawExercise: Draft an arbitration clause (with variations)
How to initiate arbitration/ draft a notice of commencement
Framing of the dispute
Exhaustion of consultative mechanisms
Initiation of institutional arbitration proceedings
Appointment of arbitrator and methods of appointment
Challenge to appointment of arbitrator
Disclosure of conflict of interest by arbitrator
Claims of the party
Despatch/ service of notice of commencement
Video: Screencast of notice of commencement
Arbitrability
Which disputes are arbitrable?
Grounds for challenging arbitrability/ validity of the arbitration clause
Termination of the arbitration proceedings.
How to distinguish arbitrable claims from statutory claims
Validity of online arbitration
When to use fast track and appellate arbitration
Impact on arbitration upon termination of mandate of arbitral tribunalHow to challenge appointment of an arbitratorWhat will happen if an arbitrator is terminated, withdraws, conflict of interest is identified at a later stage or has arisen after the commencement of the proceedings.Exercise: Draft a notice of commencement of arbitrationExercise: Draft a Section 8 petition to refer disputes to arbitration
How to draft Section 9 petitions
Types of interim measures u/s 9 and powers of tribunal
What is an interim injunction in Arbitration and what kind of injunction can one pray for?
Which interim measures cannot be claimed?
Law on interim measures
How to identify interim measures
Interim measures by arbitrator (Section 17) vs. court (Section 9)
When to file a Section 9 petition
Where to file
How to select a counsel for filing
Evidence and annexures in a Section 9 petition
Remedies if your Section 9 petition is rejected
VIDEO: Screencast of Section 9 petition
Interim measures by tribunal
When to seek reliefs under Section 17 of the Arbitration and Conciliation Act
Difference between Section 9 and 17 (post amendment scenario)
Powers of the tribunal under Section 17
Exercise: Draft a Section 9 petitionExercise: Draft a Section 17 petition
Common methods to appoint a sole arbitrator/ arbitral tribunal
As per arbitration clause
In absence of specification under arbitration clause
What if parties don’t operate as per contract?
Appointment in case of institutional arbitration
How to approach and obtain confirmation of arbitrator
Powers of the arbitral tribunal
Grounds for conflict under Arbitration and Conciliation Act, 1996 (Arbitration and Conciliation Amendment Act, 2015)
Where to file the petition - Pre and Post 2015-Amendment contracts
Waiver of rights
VIDEO: Screencast of Section 11 petition
Exercise: Draft a Section 11 petition for appointment of arbitrator
How to draft a statement of claims
Identification of substantive obligations that are breached
Reference to the arbitration clause
Exhaustion of other remedies
Attachment of annexures
Court fees
General drafting and formatting requirements
How to draft the prayer
Determination of loss (opportunity loss, loss of profit, goodwill and reputation)
Determination of your claims
Limitations - Statement of claims should not be time barred
Annexures
Exercise: Draft a statement of claims
How to draft a statement of defensePointers for drafting a counterclaim
What are the claims the opposite party can ask for?
How to reply to a counterclaim?
Rejoinder and reply
Exercise: Draft a statement of defenseExercise: Draft a counterclaimExercise: Draft a rejoinder
Oral hearings, Documentary Evidence and Written Proceedings
Importance of leading evidence
Affidavit of Admission/Denial by Parties
Criteria for identification of witnesses - expertise, key personnel, credibility and credential, non-signatories
Number of witnesses
Exclusion of oral hearings and fast-track arbitration
Evidence by affidavit
What facts need to be led through affidavit
How to draft the affidavit
How to deal with documents submitted as evidence in some other languages (especially in international arbitration)Notice for discovery and inspectionNotice to Produce documents (NTP) and Application under Order 11 of Civil Procedure CodeApplication to introduce new evidence after cross-examinationApplication to amend your SOC later during the proceedingsHow to appoint an expertHow and when to request court’s assistance during arbitral proceedingsWhat happens on death or insolvency of any of the parties.Exercise: Draft questions for examination in chief for your witnessExercise: Draft an affidavit to submit evidence for an arbitration proceeding
Cross-examination
How to prepare your witness
What questions to ask
Applicability of Evidence Act and restrictions
How to impose a duty on your personnel to be available for evidence in dispute scenarios
Exercise: Draft questions for cross-examination - 1Exercise: Draft questions for cross-examination - 2Exercise: Identify gaps/ create a final argument based on response of witness in cross-examination
Execution of arbitral award
How to draft an execution petition
Domestic award
Foreign award
International commercial arbitrations
Exercise: Draft petition for enforcement of arbitral award (foreign award, domestic award and international commercial arbitration)
How to set aside an arbitral award
How to draft the petition for setting aside an arbitral award
Time period for setting aside arbitral award
Can a foreign award be cancelled by Indian courts
What to do if the award is incorrect, incomplete or ambiguousHow can the tribunal recover the cost (during and after completion of the proceedings) and do they have a right to lien the award?Exercise: Draft a petition for setting aside final award (2 exercises)
When, where and how to file appeals
When and which orders can you appeal against?
Appeal against refusal to refer parties to arbitration
Appeal against interim relief granted by the court
Appeal against interim award of the tribunal
Appeal against refusal to set aside an arbitral award
Exercise: Draft an appeal for setting aside interim relief under Section 9Exercise: Draft an appeal for setting aside interim measures awarded by the tribunal under Section 17Exercise: Draft an appeal against refusal to aside an arbitral award under Section 34
Introduction to Conciliation and Mediation
Definition
Procedure
Appointment of a mediator/conciliator
How to draft terms of settlement under Conciliation/Mediation
Exercise: Draft Settlement Terms
Modules listed below
Introduction to International Commercial Arbitration.Nature and limits of arbitration and its treatment by various legal systems.Stages in an Institutional Arbitration ProceedingImportant international conventions and their scheme with respect to domestic arbitration statutes
New York & Geneva Convention
UNCITRAL
UNIDROIT Rules
What to look for while referring to a new country’s statute on arbitrationWhat to look for while referring to a new country’s statute on arbitration.Pros and Cons: Institutional & Ad Hoc Arbitration.How to Select an Appropriate Institution for International Commercial Arbitration.
Concept of Seat and VenueThe Seat vs. Venue debate in International commercial arbitrationJurisdictional Warfare owing to drafting clauses in seat and venue.Seat and Venue in the Indian ContextSeat and venue in virtual hearings and documents-only arbitrations
Components of clauses in International Commercial ArbitrationInstitutional Arbitration Model Clauses for SIAC, HKIAC, DIFC-Dubai, LCIA and AAA.Pathological arbitration clauses.Important components of an arbitration clauseWhy do clauses say ‘without reference to conflict of laws rules’?Importance of ‘good faith’/ reasonable endeavour requirements.Choice of law
Expedited procedures
Emergency arbitrations
Emergency reliefs
Need for recognition of Emergency Arbitration Award
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?
Multi-tiered arbitration clausesAnti Arbitration Injunction cases and how they are dealt withICC 2021 Amendments
How to Draft a Statement of ClaimsHow to define the disputeQuantification of Damages
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?
Types of reliefs
Monetary compensation
Punitive damages/ penalties
Interpretation of contracts
Restitution
Is declaratory relief relevant?
Interest
Costs
Do national laws constrain this?
How to define the statement of defense in international commercial arbitrationTop strategies to rebut claims made in the statement of claims in the statement of defenseWhen and how to use anti-suit injunctions
How to appoint and constitute arbitral tribunal
Constitution of arbitral tribunal under SIAC, HKIAC, DIFC-Dubai, LCIA, ICC
Different ways to appoint arbitrators
Factors for deciding Arbitral Tribunal
Compliances to be fulfilled before appointment of an arbitrator
Powers and Duties of Arbitral Tribunal
Powers and Duties under SIAC, HKIAC, DIFC-Dubai, LCIA, ICC
Challenges Mechanism of Arbitral Tribunal
Rules governing challenge procedure
Grounds of challenge under different system
Procedure for challenge
Relevant case laws
IBA Rules on Conflict of Interest
Jurisdiction of arbitral tribunal in International Commercial Arbitration
Doctrine of Separability and its limitations
Principle of Kompetenz- Kompetenz and it limitations
Grounds for Jurisdictional Challenge
Rules governing the jurisdiction of an Arbitral Tribunal
Rules governing the jurisdiction under UNCITRAL Model Law, SIAC, HKIAC, ICA
Binding Non- Signatories to Arbitration Agreement
Doctrines of Group of Companies
Corporate veil theory
Theory of implied consent
Doctrine of Agencies
Doctrine of Estoppels
Hearings in International Commercial Arbitration
Different stages of hearings
Different types of hearings
Challenges faced during remote hearings
Rules for hearings under SIAC, HKIAC and LCIA.
Evidence in International Commercial Arbitration
Burden of proof
Standard of proof
Types of Evidences
Procedure for Taking of Evidence
Rules under SIAC, LCIA and HKIAC
IBA Rules of Taking of Evidence
Admissibility and assessment of Evidence
Challenges faced while procuring Evidence
How to review foreign laws and international conventions for challenge proceduresHow to challenge arbitral awards or their enforcement in foreign jurisdictions
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
Common grounds for challengeChallenge to enforcement of foreign awards in IndiaHow to obtain anti-arbitration injunctions in the jurisdictions above
Difference in enforcement in home jurisdiction vs. foreign jurisdictionsHow to enforce an award in your home jurisdictionHow to review foreign statutes to develop enforcement strategiesHow to enforce an international commercial arbitration award offshore
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
Enforcement of International Commercial Arbitration Awards outside IndiaProcedure of Enforcement of Foreign Awards in India
Hierarchy of courts and civil process for arbitration in SingaporeHierarchy of courts and civil process for arbitration in the UKHierarchy of courts and civil process for arbitration in the USHierarchy of courts and civil process for arbitration in the Hong KongHierarchy of courts and civil process for arbitration proceedings in ChinaHierarchy of courts and civil process for arbitration proceedings in AustraliaHierarchy of courts and civil process for arbitration proceedings in NetherlandsLegal work for lawyers before foreign courts in international arbitrations
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.
Investment Arbitration and bi-lateral investment treaties
Difference between Commercial Arbitration and Investment Arbitration
Bi-lateral Investment Treaties (BIT)- rights accorded to an investor, dispute resolution mechanism and fork in the road clause.
Multilateral Investment Treaties- NAFTA, Institution for settlement of investment dispute
India and BITs- Model Indian BIT and relevant case laws
International Centre for settlement of Investment disputes (ICSID)
Requirements for constitutional ICSID arbitration
Features of ICSID Arbitration
Procedures followed in ICSID Arbitration
Conditions for annulment of award under ICSID Rules
Enforcement of award under ICSID
Overlapping of dispute resolution mechanism in BIT and Investment contracts
UK contract law for international arbitration lawyersUS contract law for international arbitration lawyersSingapore contract law for international arbitration lawyersCanadian contract law for international arbitration lawyersHow to review and compare contract law of any country in the world to advise clients effectively.
Exclusivity clause and restraint of trade
Confidentiality and Causation
Delay and other performance defaults (Cost escalation)
Indemnity and limitation of liability
Unilateral amendment
Clauses in restraint of legal proceedings in different legal systems
Stamp duty or its equivalent in non-Indian laws (Contract/ Arbitral Award)
Causation
Remoteness of damage
Mitigation of damages
Comparison between UK Contract Law, US contract law, Indian contract law, Singapore contract law, Canadian contract law
Definitions and differenceAdvantages over other ADRImportance and expected/ objective role in ADR to resolve disputesRecognition and enforcement of dispute resolved in mediationInternational Commercial Mediation & Conciliation (Recent Trends)
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
Procedure for mediation in SIAC, HKIAC, DIFC, LCIA, AAAMediation-arbitration combinations: Arb-med, Med-arb and arb-med-arb and how these are used effectively by lawyersWhen mediation can be chosenSteps to be taken for mediation with respective institutionCan these institutional facilities be used only for mediation and not for arbitration or are they always used in conjunction with each other?EnforceabilityCosts of mediationCredit of fees to arbitration procedure in case mediation/conciliation fails.
Course Plan
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Diploma in Domestic & International Commercial Arbitration
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