Arbitration & Alternative Dispute Resolution
Overview
Arbitration and other alternative dispute resolution methods can settle disputes faster and more privately than courts. This course explains negotiation, mediation, expert determination and arbitration: how each works, drafting dispute clauses, conducting proceedings and enforcing outcomes.
Who should attend
Legal advisers, contract managers, claims specialists, engineers and managers involved in commercial or construction disputes.
Training methodology
Interactive presentations, practical exercises, case studies, group discussions, role-plays where relevant, and a personal action plan that participants apply in their own work.
Objectives
By the end of this course, participants will be able to:
- Compare ADR methods and choose the right one for a dispute
- Draft effective dispute resolution and arbitration clauses
- Explain the stages of arbitration proceedings
- Prepare cases, evidence and witnesses for arbitration
- Explain recognition and enforcement of awards
Course outline
Day 1Disputes and ADR
- Sources of commercial disputes
- Litigation versus ADR
- The ADR spectrum
- Choosing a method
- Costs and timeframes
- Case study: choosing a dispute route
Day 2Negotiation and Mediation
- Negotiating disputes
- The mediation process
- Role of the mediator
- Preparing for mediation
- Settlement agreements
- Mediation role-play
Day 3Arbitration Framework
- Arbitration agreements and clauses
- Institutional and ad hoc arbitration
- Main arbitration rules
- The seat and applicable law
- Appointing the tribunal
- Exercise: draft an arbitration clause
Day 4Arbitration Proceedings
- Request and response
- Procedural orders and timetables
- Written submissions
- Documents and evidence
- Witnesses and experts
- Hearing simulation
Day 5Awards and Enforcement
- The arbitral award
- Costs and interest
- Challenging awards
- Recognition and enforcement under the New York Convention
- Expert determination and dispute boards
- Review and action plan
