International Arbitration Course

Lesson 1 • Sources of Law and Governing Frameworks

Maps the hierarchy of legal sources: arbitration agreements, institutional rules, national arbitration statutes, and international conventions. Clarifies which source governs each procedural question.

Lesson 2 • Historical Development of the Field

Traces arbitration from ancient trade disputes to modern institutional practice. Provides historical context that explains current procedural norms and treaty frameworks.

Lesson 3 • Advantages and Limitations of Arbitration

Evaluates confidentiality, enforceability, neutrality, cost, and speed relative to court litigation. Equips students to advise clients on dispute resolution strategy.

Lesson 4 • Key Actors in Arbitral Proceedings

Identifies the roles of parties, counsel, arbitrators, institutions, and courts. Understanding each actor's function is essential for navigating procedural dynamics.

Lesson 1 • Essential Elements of a Valid Clause

Covers consent, capacity, writing requirements, and subject-matter arbitrability. These elements form the threshold test for any enforceable arbitration agreement.

Lesson 2 • Separability and Kompetenz-Kompetenz

Explains the doctrine that the arbitration clause survives contract invalidity and the tribunal's power to rule on its own jurisdiction. Both doctrines are foundational to arbitral authority.

Lesson 3 • Pathological Clauses and Remedies

Analyzes defective clauses—contradictory, ambiguous, or incomplete—and judicial and arbitral remedies. Students learn to diagnose and cure common drafting failures.

Lesson 4 • Drafting Effective Arbitration Clauses

Teaches clause architecture: seat, rules, language, number of arbitrators, and governing law. Proper drafting prevents costly preliminary disputes over procedure.

Lesson 1 • Preliminary Objections Procedure

Explains how tribunals handle bifurcated preliminary phases, written submissions, and hearings on jurisdiction. Procedural efficiency depends on well-structured objection filings.

Lesson 2 • Distinguishing Jurisdiction from Admissibility

Clarifies that jurisdiction concerns the tribunal's power while admissibility concerns the claim's readiness for decision. The distinction shapes timing and consequences of objections.

Lesson 3 • Timing and Waiver of Objections

Addresses deadlines for raising jurisdictional challenges and the risk of waiver through participation. Procedural discipline is essential to preserve objections.

Lesson 1 • Arbitrator Qualifications and Selection Criteria

Identifies expertise, availability, language skills, and cultural competence as key selection factors. Matching arbitrator profile to dispute type improves outcome quality.

Lesson 2 • Appointment Mechanisms and Procedures

Covers party appointment, co-arbitrator appointment of the chair, and institutional default appointment. Each mechanism has distinct strategic implications.

Lesson 3 • Challenge and Removal of Arbitrators

Details grounds for challenge, institutional challenge procedures, and court-ordered removal. Students learn to assess whether a challenge is viable and how to pursue it.

Lesson 4 • Independence, Impartiality, and Disclosure

Examines the duty to disclose conflicts, standards of independence, and the IBA Guidelines on Conflicts of Interest. Disclosure failures are a leading ground for challenge.

Lesson 1 • Hearings: Planning and Conduct

Covers pre-hearing logistics, witness examination protocols, and tribunal management of time. Well-run hearings are decisive for credibility and efficiency.

Lesson 2 • Initiating Proceedings and Early Steps

Covers the request for arbitration, answer, and constitution of the tribunal. These initial filings define the scope of the dispute and trigger institutional timelines.

Lesson 3 • Written Submissions and Pleadings

Addresses structure, content, and sequencing of memorials, replies, and rejoinders. Effective written advocacy is the primary vehicle for presenting a party's case.

Lesson 4 • Terms of Reference and Procedural Orders

Explains the terms of reference document and the hierarchy of procedural orders. These instruments govern the entire proceeding and must be drafted with precision.

Lesson 1 • Witness Evidence and Preparation

Addresses witness statement drafting, preparation ethics, and examination at the hearing. Credible witness evidence frequently determines factual findings.

Lesson 2 • Document Production and Disclosure

Covers Redfern Schedule requests, proportionality, privilege, and confidentiality objections. Document production is often the most contested phase of arbitral proceedings.

Lesson 3 • Expert Evidence and Hot-Tubbing

Explains appointment of party experts and tribunal-appointed experts, and the concurrent evidence procedure. Expert testimony is pivotal in technical and quantum disputes.

Lesson 4 • Evidentiary Standards and Flexibility

Contrasts civil-law and common-law evidentiary traditions and explains the tribunal's broad discretion. Flexibility is both an advantage and a source of strategic uncertainty.

Lesson 1 • Deliberation and Decision-Making

Covers tribunal deliberation process, majority decisions, and the role of the presiding arbitrator. Confidential deliberations are the core of tribunal independence.

Lesson 2 • Remedies and Relief Granted

Surveys monetary damages, declaratory relief, specific performance, and interest. Matching remedy to claim type is essential for effective advocacy.

Lesson 3 • Costs and Cost Allocation

Explains arbitration costs, legal costs, and the main allocation approaches: costs follow the event and apportionment. Cost strategy influences settlement dynamics.

Lesson 4 • Types and Form of Awards

Distinguishes final, partial, interim, and consent awards and their formal requirements. Correct classification affects enforceability and the scope of court review.

Lesson 1 • Annulment at the Seat

Details grounds for setting aside awards at the seat and the limited scope of court review. Annulment is the primary mechanism for challenging a flawed award.

Lesson 2 • Grounds for Refusing Enforcement

Examines the exhaustive list of refusal grounds: invalid agreement, due process, excess of authority, and public policy. Each ground has a narrow interpretation in pro-arbitration jurisdictions.

Lesson 3 • Enforcement Procedure in National Courts

Covers filing requirements, recognition proceedings, and asset attachment strategies. Practical enforcement requires knowledge of local procedural rules.

Lesson 4 • The New York Convention Framework

Analyzes the Convention's scope, reciprocity reservations, and the pro-enforcement presumption. This treaty is the cornerstone of international award enforceability.