Description

Arbitration and Dispute Resolution

Why Attend

Effective dispute resolution helps minimize the costs and adverse effects to relationships that often arise from commercial disputes. If informal negotiation fails to resolve a dispute, mediation or arbitration can often be the next best option in order to avoid litigation in court. This course will give participants an insight into dispute resolution from the perspective of a lawyer. Participants will gain an in-depth understanding of the main differences between the various dispute resolution techniques with a particular focus on arbitration, in order to reduce the likelihood of disputes leading to court cases.

Course Methodology

In this interactive training course participants will frequently work in pairs as well as in larger groups to complete exercises as well as regional and international case studies.

Course Objectives

By the end of the course, participants will be able to:

Identify the right course of action to resolve a legal dispute

Reduce the possibility of disputes leading to legal action

Apply national and international legal requirements for dispute resolution

Employ arbitration knowledge to negotiate terms

Use case law to achieve a favorable outcome for their organization

Target Audience

This course is suitable for professionals within all industries who are involved in contract management and resolving disputes including, but not limited to, project managers, contract managers, procurement managers, supply chain managers, contractors, architects, developers and engineers. This course would also highly benefit in-house council and legal advisors new to the region who require the fundamentals of dispute resolution in the GCC.

Target Competencies

Litigation

Arbitration

Mediation

Negotiation

GCC Dispute Resolution Frameworks

Note

The Dubai Government Legal Affairs Department has introduced a Continuing Legal Professional Development (CLPD) programme to legal consultants authorised to practise through a licensed firm in the Emirate of Dubai. We are proud to announce that the Dubai Government Legal Affairs Department has accredited EMG Associates as a CLPD provider. In addition, all our legal programmes have been approved.

This PLUS Specialty Training Legal course qualifies for 4 elective CLPD points.

Fundamentals of dispute resolution

Overview of the dispute resolution process

Adjudicative process
Consensual process

Introduction to the English High Court litigation processes

Why do international businesses take their dispute to the English High Court?

English civil courts
Legal practitioners who are involved in resolving disputes

Importance of jurisdiction clause

How do you decide?
Exclusive or non-exclusive?

Differences between the Civil law system and the Common law system

Principles of the common law system

Principles of the civil law system
The importance of these systems in dispute resolution

Importance of Alternative Dispute Resolution ( ADR)

Types of ADR

Arbitration
Mediations
Conciliation
Negotiation

Arbitration - the best form of ADR

The object of Arbitration
The role of an Arbitrator
Advantages and disadvantages of Arbitration
Requirement of an Arbitration agreement
The importance of the New York convention
The role of UNCITRAL in dispute resolution
Preparing for an arbitration hearing
Types of Arbitration

Institutional arbitration v Ad hoc arbitration
Advantages and disadvantages of Institutional arbitration
Advantages and disadvantages of Ad hoc arbitration

Drafting international Arbitration agreement

Checklist for drafting an Arbitration agreement
Practical consideration with 'Seat' of Arbitration
Model Arbitration clauses

ICC
LCIA

Arbitral awards

Enforcement of an Arbitral awards
Grounds for challenging Arbitral awards
Recent international case law
Arbitration terms and terminology

Other ADR methods:

Advantages and disadvantages of each method:

Mediation
Conciliation
Negotiation

Ambiguity in an Arbitration clause

What to avoid
Importance of the language used in an Arbitration clause

Dubai International Arbitration Centre (DIAC)

Examining the rules of DIAC

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Arbitration and Dispute Resolution

By EMG Associates UK Limited

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