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Judicial Arbitration

Overview:

Introduction:

Arbitration is very different from mediation where the mediator helps parties reach their own resolution. Still, arbitration is less formal than a trial, and the rules of evidence are often relaxed. Arbitration is usually quicker and less expensive than a trial.

Course Objectives:

At the end of this course the participants will be able to:

  • Comprehensively understand the different types of dispute resolution methods
  • Understand the main dispute resolution clauses in international oil and gas contracts
  • Know the available mechanisms to resolve international oil and gas disputes
  • Be aware of the approaches to conflict, management, avoidance, and settlement
  • Be able to assess and apply the best means to resolve disputes in different potential scenarios

Targeted Audience:

  • Legal Managers, Legal Counsel
  • Commercial and Business Managers
  • Contracts Administrators, and Managers
  • Commercial, Financial, and Insurance Professionals
  • Project and General Management

Course Outlines:

Unit 1:

  • The definition, types, and advantages of arbitration.
  • The difference between arbitration and other systems.
  • Arbitration Agreement Terms of the validity of the Agreement - Effects of the arbitration agreement.
  • Condition and interlocutor arbitration.
  • The difference between the arbitrator and the judge and the conditions to be met by the arbitrator.
  • Obligations of the arbitrator in the stages of the proceedings and their implications.
  • The arbitrator retracts the arbitration task after acceptance and direct proceedings.
  • Arbitration proceedings and arbitration litigation.
  • Formal objections to arbitration.

Unit 2:

  • The arbitration agreement and its extension to non-signatories.
  • The extent to which the arbitral tribunal is obliged to follow the formal procedures prescribed by law.
  • Jurisdiction of the Arbitral Tribunal to consider expedited applications.
  • Procedures for the response and removal of the arbitrator and the court competent to respond.
  • Rejection and dismissal of the arbitrator.
  • Substantive objections to arbitration.
  • Procedures for the award of the award and the conditions to be met in the judgment.
  • Ratification of the arbitral award and the competent court.

Unit 3:

  • Defeating the judgment of the arbitrator and the competent court.
  • Controls on the determination of international and domestic commercial arbitration in the light of the provisions of the Uniform Arbitration Law.
  • Arbitration in real estate disputes.
  • Arbitration of disputes arising from construction and contracting contracts.
  • Arbitration in marine disputes.
  • Arbitration in trademark disputes, patents, and technology transfer contracts.
  • Arbitration Overview.
  • The definition, types, and advantages of arbitration.
  • The difference between arbitration and other systems.

Unit 4:

  • Arbitration Agreement Terms of the validity of the Agreement - Effects of the arbitration agreement.
  • Condition and interlocutor arbitration.
  • The difference between the arbitrator and the judge and the conditions to be met by the arbitrator.
  • Obligations of the arbitrator in the stages of the proceedings and their implications.
  • The arbitrator retracts the arbitration task after acceptance and direct proceedings.
  • Arbitration proceedings and arbitration litigation.
  • Formal objections to arbitration.
  • The arbitration agreement and its extension to non-signatories.

Unit 5:

  • The extent to which the arbitral tribunal is obliged to follow the formal procedures prescribed by law.
  • Jurisdiction of the Arbitral Tribunal to consider expedited applications.
  • Procedures for the response and removal of the arbitrator and the court competent to respond.
  • Rejection and dismissal of the arbitrator.
  • Substantive objections to arbitration.
  • Procedures for the award of the award and the conditions to be met in the judgment.
  • Ratification of the arbitral award and the competent court.
  • Defeating the judgment of the arbitrator and the competent court.
  • Controls on the determination of international and domestic commercial arbitration in the light of the provisions of the Uniform Arbitration Law.

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