International ArbitrationRapid Skillz
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- Short course
O que se aprende nesse curso?
This Course Consist of the following contents -UNIT 1– THE FUNDAMENTALS OF INTERNATIONAL ARBITRATION -Get an overview of international commercial arbitration, and the legal framework that one is required to navigate in its practice. Understand why arbitration is preferred over litigation in the international disputes space, and also looks at India’s growing importance to international arbitration. UNIT 2 – THE LAWS APPLICABLE IN INTERNATIONAL ARBITRATION -Learn how different systems of law may govern different aspects of an international arbitration and how determine which law applies to which aspect. UNIT 3 – THE ARBITRATION AGREEMENT -Learn about the practicalities of drafting arbitration agreements. Get an insight into the various factors lawyers need to consider when negotiating and drafting arbitration clauses, such as the seat, the arbitrators, and the institution. UNIT 4 – THE ARBITRAL PROCESS (1) -Understand the practicalities of an international arbitration with the study of arbitral processes and procedures. Learn about the initial steps in the arbitration procedure – pre-commencement, commencement and tribunal appointment. Learn about the fundamental principle underlying the arbitral process – kompetenz-kompetenz. UNIT 5– THE ARBITRAL PROCESS (2) -Understand the arbitral process post-formation of the tribunal, including exchange of written submissions, witnesses, experts, disclosure and hearings. Learn about the IBA Rules and other international guidelines that tribunals commonly use to direct proceedings. UNIT 6 – THE ROLE OF THE NATIONAL COURTS IN THE ARBITRAL PROCESS -Learn about the role that courts can play at every stage of an international arbitration – pre-commencement, for urgent interim and conservatory relief, stay applications and anti-suit/anti-arbitration injunctions; and during the arbitral process in appointing arbitrators and taking evidence. UNIT 7 – SET-ASIDE OF ARBITRAL AWARDS -Learn about the arbitral award – the form and format that the award should be in, and how it can be set aside by the national courts. Explore the controversial Indian interpretation of the “public policy” ground for setting-aside in depth. UNIT 8 – THE RECOGNITION AND ENFORCMENT OF ARBTRAL AWARDS -Examine how arbitral awards can be executed or enforced. Understand the cross-border enforcement procedures of arbitral awards under the New York Convention, and the issues of sovereign immunity that regularly crop up in these cases.
This Course is Made for Students and The complex legal framework of international conventions, national legislation and arbitral rules that govern international arbitration; International arbitration agreements, the various applicable laws, the arbitral processes and procedures, and the continuous inter-play between arbitral tribunals and national courts at each stage in the arbitral process; and Investment treaty arbitration, which is increasingly being used as a last-resort option in countries like India to enforce arbitral awards.