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Practice of International Arbitration Schedule

BASIC INFORMATION

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 

 

 

FACULTY DETAILS

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

WEEK 1 - INTRODUCTION

 

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;

WEEK 2 - COMMENCEMENT OF DISPUTE

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    

WEEK 3- APPOINTMENT OF ARBITRATOR/S

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 

WEEK 4 - SEEKING INTERIM RELIEFS FROM COURT/TRIBUNAL

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

WEEK 5 - CONDUCTING THE ARBITRAL PROCESS WITH THE BEST INTERNATIONAL PRACTICES

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

WEEK 6 - PRACTICAL GUIDANCE ON EVIDENCE AND CROSS EXAMINATION

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

WEEK 7 - CHALLENGING AN ARBITRATION 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

WEEK 8 - ENFORCEMENT OF AWARDS AND ASSET TRACING

DAY & DATE TIME TOPIC
TUESDAY, 3rd JULY 6:00 – 8:00 PM Legislative and procedural framework for the enforcement of awards from an Indian/ foreign seat 
THURSDAY, 5th JULY 6:00 – 8:00 PM Grounds for refusing enforcement of arbitral awards, including ‘public policy’
SATURDAY, 7th JULY 6:00 – 8:00 PM Execution of the award and asset tracing

WEEK 9 - INVESTMENT TREATY ARBITRATION AND ITS IMPACT ON INDIA

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

WEEK 10 - ANALYSIS AND ASSESSMENT

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