Title of the Course | COMMERCIAL ARBITRATION |
Course Director | Sonali Mathur |
Course Coordinator | Chaitali Wadhwa |
Start and End Date | 4th June – 13th August 2021 |
Duration | 10 Weeks/ 60 Hours |
Course Outcomes | The course on completion will enable the participant to demonstrate the ability to |
CO1 – understand the legal framework of arbitration law in India, including concepts of seat/ venue of arbitration | |
CO2 – draft robust arbitration agreements and navigate through challenging issues in domestic and international commercial arbitrations | |
CO3 – conduct an efficient and cost-effective arbitral process as per international best practices | |
CO4 – identify issues and undertake matters while functioning as a practical and proficient arbitration practitioner/ arbitrator | |
Fee Structure | INR 40000/- (Includes INR 1000/- Registration) |
No. of Seats Available | 40 |
NAKUL DEWAN | SENIOR ADVOCATE, SUPREME COURT OF INDIA |
SHARAN JAGTIANI | SENIOR ADVOCATE, BOMBAY HIGH COURT |
SHEILA AHUJA | PARTNER, ALLEN & OVERY |
RAJENDRA BAROT | SENIOR PARTNER, AZB & PARTNERS |
SHREYAS JAYASIMHA | FOUNDING PARTNER, AARNA LAW |
PROMOD NAIR | FOUNDING PARTNER, ARISTA CHAMBERS |
SHASHANK GARG | PARTNER, ADVANI AND CO. |
MOAZZAM KHAN | PARTNER, NISHITH DESAI ASSOCIATES |
SONALI MATHUR | PARTNER, AZB & PARTNERS |
GUEST FACULTIES
QUENTIN PAK | DIRECTOR, BURFORD CAPITAL |
MONTEK MAYAL | SENIOR MANAGING DIRECTOR, FTI CONSULTING |
DAY & DATE | TIME | TOPICS |
TUESDAY, 15th JUNE | 6:00 – 8:00 PM | Inaugural Session : Overview of the arbitration landscape and structure of the Arbitration & Conciliation Act, 1996. Introduction to key concepts such as seat/ venue, ad-hoc/institutional arbitration. |
THURSDAY, 17th JUNE | 6:00 – 8:00 PM | Drafting arbitration agreements – practical considerations |
SATURDAY, 19th JUNE | 6:00 – 8:00 PM | Structuring the transaction; multi-party contracts, joinder/ consolidation; |
DAY & DATE | TIME | TOPICS | ||
TUESDAY, 22nd JUNE | 6:00 – 8:00 PM | Commencement of a dispute in ad-hoc vs. institutional arbitration – Preparatory Steps | ||
THURSDAY, 24th JUNE | 6:00 – 8:00 PM | Protecting the arbitration – Anti-arbitration Injunctions; Challenge by Non-signatory | ||
SATURDAY, 26th JUNE | 6:00 – 8:00 PM | Funding the arbitration – third party funding |
DAY & DATE | TIME | TOPICS |
TUESDAY, 29th JUNE | 6:00 – 8:00 PM | Appointment of arbitrators in an ad-hoc arbitration vs. institutional arbitration |
THURSDAY, 1st JULY | 6:00 – 8:00 PM | Challenge to the independence or impartiality of an arbitrator; Unilateral appointment of arbitrators |
SATURDAY, 3rd JULY | 6:00 – 8:00 PM | Challenge to the jurisdiction of an arbitrator – Validity and scope of the arbitration agreement |
DAY & DATE | TIME | TOPICS |
TUESDAY, 6th JULY | 6:00 – 8:00 PM | History of Section 9 and interplay with Section 17 |
THURSDAY, 8th JULY | 6:00 – 8:00 PM | Section 9 reliefs in arbitration with an Indian vs. foreign seat |
SATURDAY, 10th JULY | 6:00 – 8:00 PM | Enforceability of emergency arbitration orders in India |
DAY & DATE | TIME | TOPICS |
TUESDAY, 13th JULY | 6:00 – 8:00 PM | Arbitration procedures to avoid delay, excessive costs, and guerilla tactics |
THURSDAY, 15th JULY | 6:00 – 8:00 PM | Navigating the world of virtual arbitration – Best practices |
SATURDAY, 17th JULY | 6:00 – 8:00 PM | Role of experts in arbitration; Discussions with a Damages expert |
DAY & DATE | TIME | TOPIC |
TUESDAY, 20th JULY | 6:00 – 8:00 PM | Applicability of evidence and CPC to India seated arbitration; procedural issues in International Arbitration |
THURSDAY, 22nd JULY | 6:00 – 8:00 PM | Basic principles of cross examination |
SATURDAY, 24th JULY | 6:00 – 8:00 PM | Mock cross-examination and making of an arbitral award |
DAY & DATE | TIME | TOPICS |
TUESDAY, 27th JULY | 6:00 – 8:00 PM | Legislative and procedural framework for challenge to an arbitration award |
THURSDAY, 29th JULY | 6:00 – 8:00 PM | Grounds for challenge to an award, including due process and arbitrability of the dispute |
SATURDAY, 31st JULY | 6:00 – 8:00 PM | Grounds for challenge to an award on the grounds of public policy |
DAY & DATE | TIME | TOPIC |
TUESDAY, 3rd AUGUST | 6:00 – 8:00 PM | Legislative and procedural framework for the enforcement of awards from an Indian/ foreign seat |
THURSDAY, 5th AUGUST | 6:00 – 8:00 PM | Grounds for refusing enforcement of arbitral awards, including ‘public policy’ |
SATURDAY, 7th AUGUST | 6:00 – 8:00 PM | Execution of the award and asset tracing |
DAY & DATE | TIME | TOPIC |
TUESDAY, 10th AUGUST | 6:00 – 8:00 PM | Introduction to Investment Treaty Arbitration |
THURSDAY, 12th AUGUST | 6:00 – 8:00 PM | Protections offered by the Host State and India’s model BIT |
SATURDAY, 14th AUGUST | 6:00 – 8:00 PM | Enforcement of Investment Treaty Awards in India |
DAY & DATE | TIME | TOPIC |
TUESDAY, 17th AUGUST | 6:00 – 8:00 PM | Virtual – brown bag meeting – hot topics in international arbitration |
THURSDAY, 19th AUGUST | 6:00 – 8:00 PM | Quiz + Open Book Written Test-Case Analysis and Advice |
SATURDAY, 21th AUGUST | 6:00 – 8:00 PM | VALEDICTORY SESSION |