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.   

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

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. 
• 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 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
• 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.
• You will get personal attention and coaching from the trainer, and get individual feedback on the quality of work you produce.
• 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.

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

Training Methodology

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

Practical Exercises

2 practical exercises (in 1 assignment) every week, followed by written feedback on your submissions

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

Placement

Placement assistance for securing job and internship opportunities and get added to our various groups for client opportunities and referrals

Certification

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):

Learning Objectives

• How various Amendments (2015, 2019 & 2021) alters the dispute resolution framework.
• Identification of whether arbitration is the appropriate remedy and whether your dispute is arbitrable, then draft and optimise your arbitration clause to ensure cost-effectiveness and speed of resolution. 
• When to use institutional arbitration?
• How to initiate a valid notice of commencement? Common mistakes made therein & to identify appropriate interim measures.
• How to draft appropriate applications for interim measures from the court and the tribunal?
• How to draft an appeal for setting aside interim relief under Section 9?
• How to file Section 11 petition and other steps for constitution of an arbitral tribunal?
• How to draft an appeal for setting aside interim measures awarded by the tribunal under Section 17?
• How to draft & file a statement of claims, statement of defense, counterclaim & rejoinder.
• How to adduce oral and documentary evidence in arbitral proceedings 
• How to draft questions for examination in chief for a witness and conduct cross-examination in arbitral proceedings?
• How to draft a petition for enforcement or setting aside an arbitral award?
• How to draft an appeal against refusal to aside an arbitral award under Section 34?
• Draft error-free, risk-free, and fully functional international commercial arbitration clauses in different situations.
• Effectively draft key documents related to international commercial arbitration 
• 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 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
• 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 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 

List of Weekly Exercises

• 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.

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

View Refund Policy

Job and Internship Support

We are the only organisation in India which teaches this kind of comprehensive arbitration law course. Many employers, lawyers, companies and law firms 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.

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.