Advanced Issues in the Law & Practice of Int'l Arbitration

About This Course

At the end of the course, the participants would be able to:

1. Demonstrate awareness and understanding of recent trends and evolutions in international commercial and investment arbitration, as well as a deeper appreciation of the fundamental underpinnings of the arbitration process as a whole, and the interrelationship between arbitral tribunals and national courts;
2. Understand and explain the distinction between jurisdiction and admissibility and its practical consequences; the theories for and against the enforcement of awards that have been set aside at the seat; and the issues arising out of the practice of third party funding and their possible solutions;
3. Demonstrate awareness and understanding of the differing approaches in various major arbitration jurisdictions to topical issues such as: determining the law applicable to the arbitration agreement; the reach and effect of the principle of competence-competence; and the extent to which third parties and non-signatories may become a party to the arbitration;
4. Demonstrate awareness and understanding of the controversies surrounding the application and scope of the doctrine of res judicata in arbitration proceedings and related court proceedings; and the regulation of counsel and professional conduct; and
5. Be familiar with, be able to interpret and apply arbitration rules of leading arbitration centres, the jurisprudence of arbitration tribunals in commercial and investment arbitration cases, and the decisions of national courts in challenge and enforcement proceedings.