International Arbitration and Litigation Training Course

Participants can analyse applicable law, court jurisdiction, and conflict-of-laws questions in commercial disputes.

• Rome I and Rome II concepts distinguish contractual and non-contractual claims
• Brussels Ia Regulation rules allocate jurisdiction among European commercial courts
• Characterisation separates procedural law, substantive law, and conflict-of-laws rules
• Choice-of-law clauses assessed for validity, scope, and overriding mandatory provisions
• Foreign-law proof planned through expert evidence, pleadings, and procedural timetables
• Anti-suit injunctions evaluated against comity, contractual rights, and forum policy

Participants can plan arbitration commencement, tribunal constitution, and early procedural decisions.

• Notice of arbitration prepared with claims, relief, and jurisdictional foundations
• Requests for arbitration aligned with ICC Rules and institutional filing requirements
• Respondent appointments, counterclaims, joinder, and consolidation analysed under chosen rules
• Tribunal selection assessed through expertise, availability, independence, and diversity considerations
• IBA Guidelines on Conflicts applied to disclosure and challenge decisions
• Terms of reference and procedural orders set issues, scope, and timetable

Participants can manage procedural timetables, confidentiality, document production, and hearing preparation.

• Procedural timetables built using critical-path analysis and party submissions
• Case management conferences structured around bifurcation, confidentiality, and hearing format
• Redfern schedules organise document requests, objections, and tribunal determinations
• Document production tested against IBA Rules relevance and materiality standards
• Confidentiality orders address trade secrets, personal data, and hearing access
• Cybersecurity protocols allocate responsibilities for platforms, files, and incident response

Participants can develop an evidence strategy covering documents, witnesses, experts, privilege, and admissibility.

• Burden and standard of proof mapped claim by claim
• Contemporaneous documents authenticated through custodians, metadata, and chain-of-custody records
• Witness statements developed using fact chronologies and source-document references
• Expert evidence scoped through questions, assumptions, methodologies, and data inputs
• Daubert-style reliability challenges contrasted with tribunal-led admissibility assessments
• Privilege analysis distinguishes legal advice, litigation privilege, and waiver risks

Participants can structure persuasive case theory, damages analysis, written submissions, and oral advocacy.

• Statements of case connect legal elements, evidence, and requested relief
• IRAC method structures written submissions on complex contractual and jurisdictional issues
• Quantum models distinguish expectation loss, reliance loss, restitution, and interest
• Discounted cash flow assumptions tested against causation, mitigation, and foreseeability
• Opening submissions frame disputed issues, tribunal questions, and evidential themes
• Cross-examination plans use propositions, document impeachment, and controlled sequencing

Participants can manage the procedural risks of commencing or defending foreign court proceedings.

• Foreign proceedings commenced through valid service, translations, and filing formalities
• Hague Service Convention procedures compared with contractual agents and local service rules
• Jurisdictional challenges preserve objections without submitting to court authority
• Anti-suit and anti-anti-suit relief assessed under applicable court standards
• Parallel proceedings managed through stays, lis pendens, and coordination applications
• Disclosure duties differ between common-law discovery and civil-law production models

Participants can select interim measures, settlement structures, and cost-control options for disputed claims.

• Interim measures selected to preserve assets, evidence, confidentiality, or contractual performance
• Emergency arbitrator procedures compared with court applications for urgent relief
• Security for costs assessed through insolvency indicators and merits thresholds
• Without-prejudice settlement communications structured around authority, timing, and enforceability
• Calderbank and Part 36 offers considered where English procedure applies
• Consent awards and settlement agreements drafted for cross-border enforceability

Participants can assess recognition, enforcement, asset recovery, and resistance strategies after a decision.

• Arbitral awards reviewed for dispositive clarity, costs, interest, and correction mechanisms
• New York Convention grounds mapped before resisting recognition or enforcement
• Set-aside applications distinguished from enforcement defences at the seat
• Asset-tracing priorities identify bank accounts, receivables, subsidiaries, and beneficial ownership
• Sovereign immunity analysed for state assets, waivers, and execution measures
• Enforcement roadmaps sequence jurisdictions, counsel, budgets, and protective steps

Participants can report, govern, and improve international dispute decisions across a commercial portfolio.

• Early case assessment combines merits, exposure, recoverability, and business disruption
• Decision trees compare settlement, arbitration, litigation, and negotiated performance options
• Litigation budgets separate fees, disbursements, adverse costs, and funding arrangements
• Third-party funding terms examined for control, privilege, conflicts, and termination
• Legal hold notices preserve records under cross-border retention and privacy constraints
• Board reporting presents scenarios, reserve implications, milestones, and decision gates
• Personal application plans assign clause, evidence, and enforcement improvements