Arbitration of Investment and Trade Disputes: Laws and Practice

Dates

1 Week: June 2 - 6, 2025

2 Weeks: June 2 - 13, 2025 

1 Week: July 21 - 25, 2025                         

2 Weeks: July 21 - Aug 1, 2025

Location

• Cape Town                             
• Johannesburg

Format

 In-Person/Online

Tuition (In Person)

1 Week

$999 pp individual                      

$800 pp for groups of 5+

2 Weeks

$1,500 pp individual                    

$1,150 pp for groups of 5+

Tuition (Online)

1 Week

$600 pp individual                      

$400 pp for groups of 5+

2 Weeks

$800 pp individual                        

$500 pp for groups of 5+

Course Overview

The Essential Foundations of International Commercial Arbitration course provides participants with a comprehensive introduction to the principles, practices, and frameworks that underpin arbitration as a preferred method for resolving cross-border commercial disputes. This program is designed to equip professionals with foundational knowledge of international arbitration processes, key legal concepts, and practical skills necessary for effective participation in arbitration proceedings.

Key Highlights:

• Explore the nature and scope of arbitration as an alternative dispute resolution mechanism.
• Understand the roles of key players, including arbitrators, legal counsel, and arbitral institutions.
• Learn about the governing laws, procedural rules, and enforcement mechanisms in international arbitration.
• Analyze the drafting and enforcement of arbitration agreements and awards.
• Examine case studies to understand real-world arbitration scenarios.

2 Week Course Outline

Daily Structure

• Morning Session: 9:00 AM – 12:30 PM (Lecture + Q&A)
• Afternoon Session: 1:30 PM – 4:30 PM (Workshops, Case Studies, Simulations)

Course Outline

Day 1: Introduction to International Commercial Arbitration

• Definition, scope, and advantages of arbitration.
• Comparison with litigation and mediation.
• Overview of institutional arbitration vs. ad hoc arbitration.
• Key instruments: New York Convention (1958), UNCITRAL Model Law.

Workshop: Drafting a simple arbitration clause.

Day 2: Arbitration Agreements and Legal Frameworks

• Essentials of a valid arbitration agreement.
• Doctrine of separability and Kompetenz-kompetenz.
• National arbitration laws and enforcement under the New York Convention

Case Study: Analyzing enforceability of arbitration clauses in real contracts.

Day 3: Arbitration Institutions and Procedure

• Overview of major institutions (ICC, LCIA, SIAC, ICSID).
• Key procedural steps: notice of arbitration, pleadings, and evidence.
• Role of party autonomy and case management in arbitration.

 Simulation: Conducting a preliminary case management conference.

Day 4: Arbitrators, Evidence, and Arbitral Awards

• Selection, appointment, and challenges to arbitrators.
• Rules of evidence: written vs. oral.
• Essentials of a valid and enforceable arbitral award.

Mock Hearing: Participants practice cross-examination and presenting evidence.

Day 5: Enforcement, Challenges, and Emerging Trends

• Enforcement of arbitral awards under the New York Convention.
• Grounds for refusal of enforcement and challenges in national courts.
• Emerging trends: technology in arbitration, ESG disputes, and ODR.

Mock Arbitration Exercise: Conducting a simulated arbitration session, followed by debrief and feedback.

Additional Features:

• Guest Lectures: Industry experts or experienced arbitrators.
• Assessments: Group presentations or quizzes.
• Certification: Issued upon successful completion of the course.

This condensed version focuses on providing participants with the essential knowledge and practical skills to understand and engage in international commercial arbitration effectively.

Week 2: Procedures, Enforcement, and Practical Applications

Day 6: Arbitration Procedure

• Key procedural steps (notice of arbitration, pleadings, evidence).
• Case management conferences and procedural orders.
• Role of party autonomy in shaping procedures.
• Handling multi-party and multi-contract disputes.

Day 7: Evidence and Hearings in Arbitration

• Rules of evidence in arbitration.
• Written vs. oral evidence.
• Cross-examination techniques.
• Conducting virtual and in-person hearings.

Day 8: Arbitral Awards

• Essentials of a valid and enforceable award.
• Types of awards (final, partial, consent).
• Correction, interpretation, and setting aside of awards.
• Drafting clear and reasoned awards.

Day 9: Enforcement and Challenges

• Enforcement of arbitral awards under the New York Convention.
• Grounds for refusal of enforcement.
• Challenges to awards in national courts.
• Case studies on enforcement issues.

Day 10: Emerging Trends and Mock Arbitration

• Trends in arbitration (e.g., third-party funding, ESG disputes, and technology).
• Role of artificial intelligence and online dispute resolution (ODR).
• Mock arbitration exercise: Participants act as counsel, arbitrators, and witnesses.
• Debrief and feedback session.

Additional Features:

• Guest Lectures: Experienced arbitrators, legal practitioners, or judges.
• Reading Material: Key articles, arbitration rules, and case law summaries.
• Assessments: Group presentations, quizzes, and arbitration clause drafting exercises.
• Certification: Issuance of a certificate upon successful completion.