International Arbitration Law and Practice Training Course

Participants can identify the legal instruments governing an international arbitration and their hierarchy.

• New York Convention obligations for recognition and enforcement of awards
• UNCITRAL Model Law structure for arbitration legislation and court support
• National arbitration statutes compared for mandatory procedural provisions
• Institutional rules as contractual procedures selected by party agreement
• Treaty, statute, contract and tribunal order ranked by authority
• Conflict-of-laws analysis identifies applicable substantive and procedural law

Participants can draft and review arbitration agreements that address foreseeable procedural risks.

• Essential arbitration clause elements: consent, scope, seat and appointment
• Pathological clauses diagnosed for ambiguity, inconsistency and unenforceability
• Institutional choice matched to dispute value, sector and party location
• Multi-tier clauses sequence negotiation, mediation and arbitration requirements
• Governing-law clauses aligned with arbitration agreement separability principles
• Model clauses adapted for construction, supply and joint-venture contracts

Participants can plan commencement steps and preserve their client’s procedural position.

• Pre-arbitration notice requirements checked against contract and institutional rules
• Limitation periods calculated under applicable substantive and procedural law
• Request for Arbitration contents mapped to institutional filing requirements
• Notice of Arbitration drafted for ad hoc UNCITRAL proceedings
• Early case assessment tests quantum, evidence, recovery and settlement prospects
• Document preservation notices protect records, devices and relevant communications

Participants can analyse and present objections to tribunal jurisdiction and claim admissibility.

• Competence-competence permits tribunals to rule on their own jurisdiction
• Separability preserves arbitration agreements despite alleged contract invalidity
• Jurisdiction objections distinguish consent, scope, parties and temporal limits
• Admissibility objections address preconditions, ripeness and procedural compliance
• Arbitrability analysis tests whether disputes may be privately determined
• Non-signatory issues examine assignment, agency, estoppel and group-company theories

Participants can manage arbitrator appointment, disclosure and challenge processes.

• Sole and three-member tribunal structures matched to dispute characteristics
• Appointment mechanisms applied under ICC, LCIA, SIAC and UNCITRAL Rules
• Arbitrator independence and impartiality assessed through disclosure obligations
• IBA Guidelines on Conflicts classify potential relationships and circumstances
• Challenge applications framed around facts, timing and governing standards
• Secretary appointments, tribunal fees and deposits addressed at outset

Participants can prepare a procedural approach that controls scope, timing and cost.

• Case-management conference agenda addresses pleadings, evidence, hearings and costs
• Procedural Order No. 1 establishes timetable, communications and confidentiality
• Redfern Schedule structures document-production requests and tribunal determinations
• Bifurcation evaluates separate determination of jurisdiction, liability and quantum
• Expedited procedures assessed against value, urgency and due-process requirements
• Cybersecurity Protocol provisions protect arbitration communications and evidence

Participants can structure persuasive statements of claim, defence and counterclaim.

• Statement of Claim links factual allegations, legal grounds and relief
• Statement of Defence addresses admissions, denials, defences and objections
• Counterclaims and set-off pleaded within jurisdictional and procedural limits
• Chronologies organise disputed events, notices, performance and breach allegations
• Claim matrices connect contractual provisions, evidence, witnesses and remedies
• Relief sought distinguishes damages, declarations, specific performance and costs

Participants can develop proportionate document-production requests and evidence review plans.

• IBA Rules on Evidence guide relevance, materiality and production requests
• Narrow document categories drafted without common-law discovery assumptions
• Redfern Schedule requests supported by relevance and materiality reasoning
• Objections address privilege, burden, confidentiality and fishing expeditions
• Document collections reviewed using custodians, date ranges and search terms
• Authenticity, completeness and weight tested through contemporaneous business records

Participants can prepare witness evidence and conduct structured examination at a hearing.

• Witness statements distinguish factual evidence from argument and expert opinion
• Witness selection evaluates personal knowledge, credibility and evidential gaps
• Examination-in-chief focuses testimony on disputed material facts
• Cross-examination uses controlled questions, prior documents and factual propositions
• Re-examination repairs matters arising from cross-examination without repetition
• Witness conferencing techniques compare competing factual or technical accounts

Participants can instruct experts and assess damages methodologies in commercial arbitration.

• Expert instructions define questions, assumptions, data and independence duties
• Damages models distinguish expectation loss, reliance loss and restitution
• Discounted cash flow methods tested for assumptions and forecast reliability
• Lost-profit claims reconciled with contracts, accounts and market evidence
• Joint expert meetings identify agreed issues and remaining methodological differences
• Hot-tubbing procedures enable tribunal questioning of opposing technical experts

Participants can select interim protection measures and coordinate tribunal and court applications.

• Interim measures protect assets, evidence, confidentiality and contractual performance
• Urgency, necessity and irreparable harm tested under applicable standards
• Emergency arbitrator procedures considered before tribunal constitution occurs
• Security for costs applications assess impecuniosity, conduct and recovery risk
• Anti-suit injunctions address competing proceedings contrary to arbitration agreements
• Court assistance supports subpoenas, preservation orders and award enforcement

Participants can prepare and manage a hearing plan consistent with procedural orders.

• Hearing bundles organised by pleadings, exhibits, authorities and witness materials
• Opening submissions present case theory, disputed issues and evidential roadmap
• Tribunal questions anticipated through issue lists and decision-tree analysis
• Objections raised for relevance, privilege, form and procedural fairness
• Remote hearing protocols address technology, witnesses and document display
• Closing submissions connect evidence, law, remedies and costs

Participants can evaluate settlement options without weakening the arbitration position.

• Without-prejudice communications separated from admissible evidential material
• BATNA and WATNA analysis informs settlement authority and negotiation ranges
• Mediation during arbitration coordinated with procedural timetables and confidentiality
• Part 36-style offers distinguished from arbitration-specific settlement mechanisms
• Consent awards convert negotiated terms into enforceable arbitral outcomes
• Settlement agreements address releases, payment security and discontinuance terms

Participants can assess award requirements, costs decisions and limited post-award remedies.

• Reasoned awards address jurisdiction, facts, law, relief and costs
• Finality principles limit merits review by national courts
• Costs allocation approaches compare costs-follow-the-event and tribunal discretion
• Submissions on costs document legal fees, experts and arbitration expenses
• Correction, interpretation and additional-award requests meet strict time limits
• Set-aside applications distinguish procedural defects from merits dissatisfaction

Participants can plan recognition and enforcement actions against cross-border assets.

• Asset tracing identifies bank accounts, receivables, shares and physical property
• New York Convention Article V grounds tested before enforcement filing
• Enforcement forum selection considers assets, limitation periods and local procedure
• Public-policy objections assessed narrowly under enforcement jurisdiction law
• Sovereign immunity issues distinguish commercial assets from protected property
• Parallel enforcement actions coordinated to avoid inconsistent recovery and costs

Participants can adapt arbitration strategy to multi-party and sector-specific disputes.

• Construction disputes organise delay, disruption, defects and extension-of-time claims
• Energy disputes address pricing, supply interruption and long-term contract risk
• Banking disputes consider guarantees, letters of credit and fraud allegations
• Joinder and consolidation assessed under consent and institutional-rule requirements
• Multi-contract arbitrations analyse compatible clauses, parties and transactions
• Third-party funding disclosures address conflicts, security and costs exposure

Participants can build, review and present a complete arbitration case file for a cross-border commercial dispute.

• Clause review identifies seat, rules, jurisdictional risks and drafting defects
• Case theory integrates chronology, contractual duties, evidence and remedies
• Procedural plan sequences pleadings, document production, witnesses and hearing milestones
• Evidence matrix links disputed issues with documents, witnesses and experts
• Draft submissions present jurisdiction, merits, quantum and requested relief
• Enforcement memorandum selects target jurisdictions, assets and Convention arguments