course | Advanced Commercial Arbitration Procedures and Best Practices

Foundations of Advanced Commercial Arbitration

• Overview of international commercial arbitration frameworks.
• Key differences between ad hoc and institutional arbitration.
• Role of UNCITRAL Model Law and New York Convention.
• Jurisdictional principles and party autonomy.
• Multi-tier dispute resolution clauses.
• Selecting the seat and its legal implications.

Drafting and Negotiating Effective Arbitration Clauses

• Key components of arbitration agreements.
• Pathological clauses: common pitfalls and solutions.
• Choosing arbitration institutions and rules.
• Multi-party and multi-contract arbitration clauses.
• Incorporating choice of law provisions.
• Drafting clauses for interim measures.
• Techniques for negotiation of arbitration provisions.

Commencement of Arbitration Proceedings

• Notice of arbitration: form and requirements.
• Appointment of arbitrators and constitution of tribunal.
• Challenges to arbitrators and replacement procedures.
• Preliminary meetings and procedural timetables.
• Terms of reference: importance and drafting.
• Tribunal’s powers to determine jurisdiction.
• Dealing with defaulting parties at initiation stage.

Case Management and Procedural Orders

• Developing a case management plan.
• Tribunal’s discretion on procedural matters.
• Procedural orders vs. directions: drafting tips.
• Handling preliminary issues and bifurcation.
• Managing confidentiality and data protection.
• Time and cost efficiency in arbitration procedures.
• Using technology in case management.

Interim and Emergency Relief

• Types of interim measures available in arbitration.
• Procedures for requesting interim relief.
• Role and powers of emergency arbitrators.
• Enforcement of interim measures.
• Intersection with national courts: supportive measures.
• Security for costs and preservation of assets.
• Comparative approaches of major arbitration institutions.

Conduct of Hearings

• Preparing for arbitration hearings.
• Opening statements and submissions.
• Organizing oral arguments and witness examination.
• Handling tribunal questions during hearings.
• Use of interpreters and court reporting.
• Virtual hearings: challenges and best practices.
• Managing hearing logistics and protocols.

Award Writing and Deliberations

• Structure and form of arbitral awards.
• Legal reasoning and addressing parties' claims.
• Partial and interim awards.
• Consent awards and settlement in arbitration.
• Correction and interpretation of awards.
• Time limits and finality of awards.
• Ensuring enforceability of the award.

Recognition, Enforcement, and Challenges

• Grounds for refusal of enforcement.
• Setting aside arbitral awards: common bases.
• Enforcement strategies across jurisdictions.
• Role of state courts in enforcement and annulment.
• Practical challenges in enforcement.
• Cross-border enforcement of interim relief.

Evidentiary Issues in Arbitration

• Document production: IBA Rules and beyond.
• Witness statements: best practices.
• Expert evidence: appointment and examination.
• Managing cross-examination in hearings.
• Rules of privilege and admissibility.
• Weighing and assessing evidence.
• Digital evidence and e-discovery trends.

Ethics and Diversity

• Arbitrators’ duties and ethical standards.
• Conflicts of interest: disclosure and management.
• Party representation guidelines.
• Promoting diversity and inclusion in arbitration.
• Recent reforms in major arbitration rules.