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International Commercial Arbitration


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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

Programme Overview:

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.

Programme Outline

Day 1:

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
Governing Law
Language
Broad versus Narrow Arbitration Clauses
Confidentiality Concerns

Day 2:

The Arbitral Process:
A Dispute Arises: Commencing the Arbitration Process

Mediation as a Condition Precedent?
Pleadings,
Selecting and Disqualifying Arbitrators,
Procedural Hearings,
Scheduling
Document Production,
Witness Statements, Memorials and Submissions.

Day 3:

Conducting the Hearings:
Opening Statement
Documentary evidence
Witness examinations and cross examinations
Closing argument
Post Hearing submissions

The Award
Practical issues concerning recognition, enforcement and challenges to arbitral awards
Comparison of judicial relief versus arbitral relief

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