Arbitrator Training Coures

Name: Introduction To Arbitrator Training Coures | Henry Harvin
Uploaded: 2024-06-20 00:04:26
Description: The Arbitrator training course from Henry Harvin® helps professionals learn skills to perform as an arbitrator in disputes | Gain knowledge on arbitration issues that govern proceedings | Learn skills to level up as an arbitrator to work on complex legal matters

Module 1: Introduction to Arbitration
- What is an alternate dispute resolution mechanism
- Overview of the Arbitration & Conciliation Act
- Understanding what arbitrable and non-arbitrable disputes
- How to read and interpret an arbitration clause
- Understanding the validity of an arbitration agreement
- Understanding the scope of arbitration
- Understanding concepts of venue vs. seat, jurisdiction, and governing law
- Institutional Rules of arbitration and framing rules in ad hoc arbitrations
- Navigating the substantive law of a foreign country
- Arbitration Council of India and its procedures
- Appointing a presiding arbitrator in case of a tribunal & acting as presiding arbitrator
Module 2: Institutional Arbitrator
- Different institutions conducting arbitrations in India
- Arbitration rules of the Indian Chamber of Commerce Council of Arbitration, India International Arbitration Centre (IIAC), etc
- A panel of arbitral institutions and appointment
- How to apply institutional rules of arbitration in ad hoc arbitrations
Module 3: Initiating Proceedings
- How to conduct the first procedural hearing and create an effective hearing schedule
- Model hearing schedule
- Understanding the timelines for different stages of the arbitration process and breach thereof: Consequences
- Role of limitation in Arbitration Proceedings
Module 4: Drafting Minutes in Arbitration
- How to draft daily orders and minutes of the arbitral proceedings
- Appointment of transcriber/stenographer for the proceedings
- Samples of standard orders of arbitrators
- How to decide and write orders dismissing or accepting challenge to jurisdiction
Module 5: Reviewing Applications and Pleadings
- How to read a Statement of Claim and Statement of Defence
- When to allow the filing of replications and rejoinders
- When to grant an opportunity to amend the Statement of Claims/ Defence
- How to frame issues for the arbitration proceeding and the stage of framing
- When an interim relief application be filed before the Arbitrator- how to navigate the same
- What to do when one of the parties stops complying with the orders/ instructions?
Module 6: Preliminary Objections to Arbitrator
- Understanding the challenge to the jurisdiction of the Arbitrator u/s 17 of the Arbitration & Conciliation Act and how to navigate the same
- Procedure for challenging appointment of an arbitrator and grounds for challenge u/s 12 & 13 of the Arbitration & Conciliation Act
- Understanding key grounds for challenge of jurisdiction- nature and scope of the proceedings
Module 7: Documentary Evidence
- Documentary evidence in respect of contractual matters and how it is to be adduced
- Process of document discovery and inspection by the parties
- Acceptance and denial of the documentary evidence by the parties
- Effects of non-stamping
- Exchange of Evidence on Affidavit by the parties
- Effect of non-filing of evidence by any of the parties
- Permissibility of oral evidence in contractual matters
Module 8: Conduct of Arbitrator in Cross-Examination
- Call for Witnesses
- Role of arbitrator during examination in chief and cross-examination of witnesses
- What kind of questions are to be asked in examination-in-chief
- Tendering of evidence
- What questions should be disallowed by the arbitrator?
- How to deal with objections to questions asked by counsel of the other side
- Conducting cross-examination of witnesses- leading questions
- Concept of hot-tubbing
- Role of party-appointed and tribunal-appointed experts, the qualifications required for experts
- The principles governing the examination of expert evidence.
- Taking assistance of jurisdictional courts in taking evidence under Section 27 of the Arbitration and Conciliation Act
Module 9: Basic Legal Principles in Arbitration
- Elements of a valid contract
- What is a Contractual breach and what remedies of a breach
- Calculation of Damages, Restitution, Compensation
- Interest calculation
- Mitigation of loss
- Quantum meruit and other principles and Key concepts under the Indian Contract Act
- Arbitrator not bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872)
Module 10: Ethics of Arbitration
- Impartiality of arbitrator and conduct in proceedings
- Rule against bias
- Right of fair hearing to parties
- Resolving conflict in oral hearings
Module 11: International Arbitration
- UNCITRAL Model Law on International Commercial Arbitration
- Salient features of the Model Law on International Commercial Arbitration
- Scope of Application of the Model Law
- Arbitration rules of UNCITRAL
- ICC Rules of Arbitration
- SIAC Rules of Arbitration
Module 12: Judgment Analysis
- How to read and analyze judgments
- Applicability of judgments of the Supreme Court and the doctrine of precedents
- How to apply the ratio in a judgment while deciding a matter

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