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Legal & Contracts Management

Arbitration and Dispute Resolution




Introduction:

Effective dispute resolution helps minimize the costs and adverse effects of relationships that often arise from commercial disputes. If informal negotiation fails to resolve a dispute, mediation or arbitration can often be the next best option to avoid litigation in court. This course will give participants an insight into dispute resolution from the perspective of a lawyer. Participants will gain an in-depth understanding of the main differences between the various dispute resolution techniques with a particular focus on arbitration, to reduce the likelihood of disputes leading to court cases

Targeted Groups:

This course is suitable for professionals within all industries who are involved in contract management and resolving disputes including, but not limited to, project managers, contract managers, procurement managers, supply chain managers, contractors, architects, developers, and engineers

Course Objectives:

At the end of this course the participants will be able to:

  • Identify the right course of action to resolve a legal dispute
  • Reduce the possibility of disputes leading to legal action
  • Apply national and international legal requirements for dispute resolution
  • Employ arbitration knowledge to negotiate terms
  • Use case law to achieve a favorable outcome for their organization

Targeted Competencies:

  • Litigation
  • Arbitration
  • Mediation
  • Negotiation
  • GCC Dispute Resolution Frameworks

Course Content:

Unit 1: Fundamentals of Dispute Resolution:

  • Overview of the dispute resolution process
  • Methods of dispute resolution including:
  • Litigation
  • Arbitration
  • Collaborative law
  • Mediation
  • Conciliation
  • Negotiation
  • Facilitation

Unit 2: Introduction to International High Court Litigation Processes:

  • Path of a claim
  • Pre-action matters
  • Court documents
  • Case management
  • Disclosure
  • During the trial
  • Judgment

Unit 3: Dispute Resolution in the GCC:

  • The Alternative Dispute Resolution (ADR) system
  • Early neutral evaluation
  • Negotiation
  • Conciliation
  • Mediation
  • Arbitration
  • Importance of Alternative Dispute Resolution

Unit 4: Law Systems:

  • Civil law system
  • Codification
  • Subgroups

Unit 5: Common Law System:

  • Court decisions
  • Statutes

Unit 6: International Arbitration:

  • Introduction to international arbitration
  • Institutional versus ‘ad hoc’ arbitration
  • Introduction to mediation: The process and its principles

Unit 7: Arbitration in the GCC:

  • Drafting international arbitration clauses
  • The arbitration award and its enforcement
  • Recent international arbitration case law
  • Advantages and disadvantages of:
    • Arbitration
    • Litigation
    • Mediation