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.