Arbitration and Dispute Resolution Course

Introduction:

Arbitration frequently includes a binding agreement and occurs when an arbitrator, usually an attorney, applies the law and facts to a dispute, resulting in an award or decision. Mediation and conflict resolution are two excellent choices for commercial issues between parties wishing to stay friends and partners and collaborate in the future.

Mediators are unbiased third parties, and mediation is not always legally binding. A claim is when you assert ownership of anything, such as your medical records or the title to your property. When you make a claim or assert anything, you claim or argue it is true. On their tax returns, people declare dependents and deductions.

Targeted Groups:

• All those involved in implementing contracts, handling claims and change orders, and any step of contract preparation/administration should appreciate the importance of a well-prepared contract.
• Contract Professionals.
• Project Managers.
• Contract Administrators.
• Contract Engineers.
• Project Engineers.
• Risk Manager/Contract Risk Professionals.
• Project Owners/Employers.
• Contractors and equipment/material suppliers.
• Contract Administrators and.
• Quantity Surveyors.
• Legal advisers.

Course Objectives:

At the end of this international arbitration and dispute resolution course, participants will be able to:

• How to evaluate and quantify claims.
• Understand the basis of contract claims: time, money, and quality.
• Know when the contractor is entitled to Extension of Time (EOT) claims.
• Deal with variation claims and what to approve and what not to.
• Understand the overarching legal and pragmatic goals in managing claims.
• Gains skill sets to be better prepared to deal with complex issues.
• Know different dispute resolution methods to resolve claims disputes.

Targeted Competencies:

Participants competencies in this international arbitration and dispute resolution training will:

• Various Modes of Dispute Resolution.
• Contractual Claims.
• Legal Framework for International Arbitration.
• Negotiation and Resolution of Disputes.
• Other Documents and Negotiations.

Enhancing the Role of Arbitration in Dispute Resolution:

Understanding the role of arbitration in dispute resolution is foundational to this course, and attendees will gain comprehensive insight into the arbitration dispute resolution process. Participants will explore the various facets of the field, including what arbitration dispute resolution is and the advantages that arbitration and alternative dispute resolution offer over traditional litigation, and delve into the complexities of international arbitration dispute resolution.

The international arbitration and dispute resolution program also aims to provide a thorough grasp of the arbitration process in various dispute resolution contexts, preparing participants for the potential pursuit of a master of laws in arbitration and dispute resolution. Whether new to the field or aiming to achieve a master's in arbitration and dispute resolution, it is a substantial stepping stone.

Course Content:

Unit 1: Various Modes of Dispute Resolution:

• Expert determination.
• Mediation.
• Conciliation.
• Arbitration.
• Ad-hoc and institutional arbitration.
• Venue of arbitration.
• Enforcement of award.
• Sovereign immunity and other problems of suing foreign governments.
• Benefits and challenges of mediation of public disputes over arbitration.
• Understanding implied waiver of sovereign immunity.
• Mock arbitration and mediation.

Unit 2: Contractual Claims:

• Overview of main contractual provisions relevant to claims and counterclaims.
• Types of claims in construction and other areas – and their distinctive features.
• Causes of typical claims.
• Re-measure disputes.
• Set up project management assessment – PMA.
• Counterclaims – how they differ from claims.
• Rights of set-off.
• Force majeure- when it applies and when not.

Unit 3: Legal Framework for International Arbitration:

• Arbitration Agreement or Clause.
• Arbitration Conventions and Investment Treaties.
• Arbitration Procedural Rules.
• National Laws.
• National Courts.

Unit 4: Negotiation and Resolution of Disputes:

• Contract negotiation.
• Dispute Resolution clauses.
• Unequal bargaining positions.
• Negotiation, compromise and settlement.
• Litigation.
• Arbitration.

Unit 5: Other Documents and Negotiations:

• Letters of Intent or Award.
• Bank and Insurance Bonds.
• Letters of Comfort or Awareness.
• Collateral warranties.
• Alliance /Partnering Agreements.
• "Side Letters."
• Finance arrangements.
• Negotiating contract qualifications and amendments.