Course : International Arbitration, Mediation and Dispute Resolution

Course Outline

Introduction to Dispute Resolution

• Introduction
• What constitutes a dispute?
• Types of disputes
• Importance of dispute resolution
• Legal framework

Dispute Resolution Methods

• Negotiation
• Conciliation
• Mediation
• Arbitration
• Litigation

 Dispute Resolution Process

• Agreement of parties
• Initiation of dispute resolution
• Representation
• Responsibilities of the parties
• Offer to settle

Arbitration

• Introduction to international arbitration
• Arbitration’s perceived advantages
• Institutional vs Adhoc Arbitration
• Arbitration Agreement
• Arbitration in the UAE

Arbitrator Appointment

• Appointment procedure
• Qualifications of the arbitrator
• Terms of the arbitrator’s appointment
• Arbitrator’s power
• Arbitration cost

 Setting up

• Statement of case
• Further and better particulars
• The Scott schedule
• Disclosure of documents
• Arrangements for the hearing

 Evidence and the Hearing

• Kinds of evidence
• Admissibility
• Burden and standard of proof
• Representation
• Procedure

Arbitral Awards

• Final award
• Partial and interim awards
• Award by consent
• Recognition and enforcement
• Challenge of arbitral awards

The Scandinavian Academy for Training and Development employs modern methods in training and skills development, enhancing the efficiency of human resource development. We follow these practices:

• Theoretical Lectures: 
  • We deliver knowledge through advanced presentations such as PowerPoint and visual materials, including videos and short films.
• Scientific Assessment:
  • We evaluate trainees skills before and after the course to ensure their progress.
• Brainstorming and Interaction: 
  • We encourage active participation through brainstorming sessions and applying concepts through role play.
• Practical Cases:
  • We provide practical cases that align with the scientific content and the participants specific needs.
• Examinations: 
  • Tests are conducted at the end of the program to assess knowledge retention.
• Educational Materials:
  • We provide both printed and digital scientific and practical materials to participants.
• Attendance and Final Result Reports:
  • We prepare detailed attendance reports for participants and offer a comprehensive program evaluation.
• Professionals and Experts: 
  • The programs scientific content is prepared by the best professors and trainers in various fields.
• Professional Completion Certificate: 
  • Participants receive a professional completion certificate issued by the Scandinavian Academy for Training and Development in the Kingdom of Sweden, with the option for international authentication.
• Program Timings:
  • Training programs are held from 10:00 AM to 2:00 PM and include coffee break sessions during lectures.

Course Overview

The disputes among the corporates these days, are increasing rapidly and the resolution required for the disputes are being widely discussed within organizations. The competency in dispute resolution is mandatory for all professionals working in any organization. Commercial dispute resolution strategies have evolved rapidly in the past 20 to 25 years. Dispute resolution methods discussed in this course are mediation, negotiation, litigation, adjudication, conciliation and arbitration. The arbitration remains the primary dispute resolution mechanism in international trade. Arbitration and all ADR processes, which are normally out-of-court processes. Court proceedings, arbitration and ADR are complementary processes.This course will emphasize arbitration, as arbitration has become a frequently used method for resolving disputes. The standard conditions of contracts also give more priority to the arbitration as a powerful tool to resolve the disputes prior to a court proceeding.The arbitration is applicable when the amicable settlement becomes invalid. However, the choices of the dispute resolution methods should be according to the circumstances surrounding each contract.This course will provide a holistic education/training to the delegates for the best practice in dealing with the dispute resolution methods as alternatives to court proceedings that are now commonly used to prevent and settle business disputes in an international context. In order to understand the legal aspects of dispute resolution techniques, it is essential for all the employers, consultants, contractors to train their employees on the procedures involved in the arbitration and dispute resolution methods.

Course Objectives

• Understand the various types of dispute resolution methods available as an alternative to the court proceedings
• Effectively apply knowledge in studying and evaluating the legal disputes by referring real case studies
• Appropriately select the suitable dispute resolution method for the corresponding contracts in a project
• Understand the procedures involved in the concluding, recording and enforcing an effective arbitral award for a dispute
• Advise the parties on the expenses and legal considerations involved in the dispute resolution and how to avoid such issues through amicable settlement
• Demonstrate effective communication skills and a practical problem-solving method in intricate legal and realistic circumstances in alternative dispute resolution

Training Methodology

• Lectures
• Seminars and Presentations
• Group Discussions
• Assignments
• Case Studies & Functional Exercises

​Organizational Benefit

• Establish various dispute resolution mechanisms in your international trade
• Reduce the probability of disputes leading to legal action
• Effectively operate national and international legal requirements for dispute resolution