Syllabus

• Week 1

  How to commence an arbitration

  • Composition of an arbitral tribunal

    Several key elements need to be evident for an arbitration proceeding to take place. In this activity our first step is considering who the arbitrator/s will be.

  • Engaging an arbitrator

    The choice of arbitrators is a vital one and is important, not just for the dispute in question, but for the reputation of arbitration itself. Let's consider this in more detail.

  • Powers of the arbitral tribunal

    In this activity we look at both the powers and limits of the arbitral tribunal.

  • Third-party funding

    What is third-party funding and where is it prohibited?

• Week 2

  Process, hearing procedures and evidence

  • How does international arbitration work?

    Let's consider the frameworks available that help shape the arbitral process.

  • The phases of an arbitral proceeding

    Although the parties to an arbitration generally enjoy considerable freedom to determine the appropriate procedure, generally, there are four phases to an arbitration proceeding.

  • Evidence

    Documents in support of a party's case are normally served with that party's written pleadings/submissions. Each party may then make requests for production of any additional documents that it considers should be disclosed.

  • Document production

    Document production in international arbitration generally differs from that wide, common law disclosure.

  • Online international arbitration

    One of the key issues has been the use of case management platforms that are online, but secure.

• Week 3

  Combining different resolution mechanisms in the arbitral process

  • Before you begin

    Dispute resolution mechanisms available to parties are generally described in the agreement. Before we look at the these types of mechanisms let's quickly dive into what an agreement is and what it should look like.

  • Hybrid mediation procedures

    The concept of hybrid mediation procedures in particular is not a new one. A number of prominent institutions, including SIAC, the HKIAC and CIETAC, recognise and support the use of mediation before or during the arbitral process.

  • Dispute resolution options available in ASEAN+6

    Indonesia, Australia, Malaysia, China, Singapore

• Week 4

  The role of the court and tribunal

  • Relationship between the arbitral process and the position of the national court

    The relationship the arbitral process and the position of the national court is a finely balanced one. On the one hand, the attraction of arbitration is that it is the parties’ own procedure.

  • Anti-suit relief

    In common law jurisdictions, a party seeking to ensure that arbitration, rather than litigation, takes place has the ability to seek an anti-suit injunction.

  • Challenging the jurisdiction of the arbitral tribunal and/or arbitrtator

    In a jurisdiction that has adopted art 16 without amendment, there will be no right to appeal a negative jurisdictional ruling.

  • The national court and the appointment of the arbitrator

    The court also has a role to play in the appointment of an arbitrator or arbitrators, depending on the arbitration agreement itself and the institutional or ad hoc rules adopted by the parties.

  • The court's role in assisting the arbitral process

    An arbitral tribunal does not have coercive powers. This means that, inter alia, it may, therefore, require the assistance of the national court at the seat of the arbitration in relation to the taking of evidence.

  • Interim measures

    During an arbitration, it is the role of the arbitral tribunal to manage the proceeding. However, there will sometimes be occasions when the support of the national court is required.

• Week 5

  Prepare to represent a claimant in arbitration proceedings

  • Your client, BNM Limited (BNM), seeks your advice in relation to an arbitration

    The arbitration relates to a dispute with Sanhong Trading Ltd (Sanhong), a counter-party to a coal supply agreement with BNM.

  • Course wrap up

    In this activity we pull together key learning outcomes in a series of discussion questions

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