International Commercial Arbitration
Course Dates: 11 April 2022
Cost: $1,000 (Hybrid) R16 180 (Hybrid) OR $800 (Online) R12 940
Location: Online/in - person Johannesburg, South Africa
The course will focus on the practical steps and considerations regarding handling international commercial disputes, focusing on arbitration as a means of dispute resolution. We will discuss the processes and considerations involved in a commercial arbitration by engaging in a mock commercial dispute, using it to consider alternatives and discussion of each step of the dispute process – from negotiating a dispute resolution clause, to drafting pleadings, selecting arbitrators, procedural matters, drafting written witness statements, conducting a hearing, and finally, enforcing and challenging awards.
Negotiation of the Dispute Resolution Clause:
An Overview of Different Options for Dispute Resolution with Respect to Commercial Agreements
Alternatives and Considerations in Negotiating and Drafting the Dispute Resolution Clause: Judicial Forum vs Arbitral Forum
Selecting an Arbitral Forum
Cost-effective Analysis of Arbitral Regimes
Mediation as a Condition to Arbitration?
Place of Arbitration
Broad versus Narrow Arbitration Clauses
The Arbitral Process:
A Dispute Arises: Commencing the Arbitration Process
Mediation as a Condition Precedent?
Selecting and Disqualifying Arbitrators,
Witness Statements, Memorials and Submissions.
Conducting the Hearings:
Witness examinations and cross examinations
Post Hearing submissions
Practical issues concerning recognition, enforcement and challenges to arbitral awards
Comparison of judicial relief versus arbitral relief
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