| 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 |
