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International Arbitration: Process and Procedure

Enhance your career in law or dispute resolution as you gain the skills to successfully navigate the arbitral procedure.

421 enrolled on this course

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International Arbitration: Process and Procedure

421 enrolled on this course

  • 5 weeks

  • 9 hours per week

  • Digital certificate when eligible

  • Open level

Find out more about how to join this course

Delve into the arbitration process with the College of Law

The arbitration procedure contains distinct phases to enable parties to settle a dispute without having to go to court.

On this five-week course, you’ll develop your knowledge and skills in the international arbitration process and procedure.

Guided by expert practitioners from the College of Law (Col), you’ll gain insights into best practices and real-world scenarios to help you build career-ready arbitration skills.

What’s more, this course can lead to credit in Col’s International Arbitration Practice and is also a pathway to becoming a Member (MCIArb) of the Chartered Institute of Arbitrators (CIArb).

Explore arbitration proceedings

You start by delving into the procedural framework. This will help you unpack representation, legal professional privilege, offers to settle, and more.

With this knowledge, you’ll understand how international arbitration works and the various stages of the process.

Gain crucial skills to become an arbitrator

Next, you’ll learn how to combine different resolution methods in the arbitral process.

You’ll gain a global perspective as you explore the process through the lens of various countries. This will enable you to make informed decisions about resolution options.

Develop an understanding of an arbitral tribunal

You’ll then delve into the relationship between the arbitral process and the national court.

This exploration will help you understand how to challenge the jurisdiction of the arbitral tribunal – an essential skill for navigating the complexities of international arbitration.

Finally, you’ll gain the practical know-how to represent a claimant in arbitration proceedings. Armed with this knowledge, you’ll finish the course with confidence and ready to advance as a successful arbitrator.

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

When would you like to start?

Start straight away and join a global classroom of learners. If the course hasn’t started yet you’ll see the future date listed below.

  • Available now

Learning on this course

On every step of the course you can meet other learners, share your ideas and join in with active discussions in the comments.

What will you achieve?

By the end of the course, you‘ll be able to...

  • Apply international arbitration knowledge to prepare and respond to written submissions in arbitration proceedings.
  • Evaluate legal arguments and frameworks to advise clients on arbitration strategy, risks, and prospects of success in international arbitration.
  • Apply effective communication and interpersonal skills to advise clients on issues relating to international arbitration and state-investor arbitration.

Who is the course for?

This course is designed for legal practitioners working in international law or those looking to change their practice area.

Who will you learn with?

James is the Director of Programs at the College of Law Asia. He is admitted to practice law in Australia (NSW) and New Zealand. His qualifications include BA, LLB, MA(Hons) and LLM(Hons).

Karee is a corporate legal practitioner with a background in adult learning, applied linguistics and digital design. She is a member of the Interaction Design Foundation and NSW Law Society.

Who developed the course?

College of Law

The College of Law has been at the forefront of practical legal education since 1974. More than 60,000 of our graduates work across all facets of the industry – and we’re one of the most trusted names in legal training in Australia and New Zealand.

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Ways to learn

Choose the best way to learn for you!

Subscribe & save

$349.99 for one year

Automatically renews

Develop skills to further your career

  • Access to this course
  • Access to 1,000+ courses
  • Learn at your own pace
  • Discuss your learning in comments
  • Digital certificate when you're eligible

Cancel for free anytime

Buy this course

$134/one-off payment

Fulfill your current learning need

  • Access to this course
  • Learn at your own pace
  • Discuss your learning in comments
  • Printed and digital certificate when you’re eligible

Limited access

Free

Sample the course materials

  • Access expires 25 Jul 2024

Find out more about certificates, Unlimited or buying a course (Upgrades)

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