Professional International Dispute Resolution Tactics

Course overview

These days, business disputes are increasing quickly, and the necessary resolutions for the disputes are the subject of extensive discussion within organizations. All professionals working in any organization must be skilled in conflict resolution.

In the last 20 to 25 years, commercial conflict resolution techniques have quickly advanced. This course covers mediation, negotiation, litigation, adjudication, conciliation, and arbitration as techniques of resolving disputes.

In international trade, arbitration continues to be the major dispute resolution method. All forms of ADR, including arbitration, are typically out-of-court procedures. Arbitration, ADR, and court proceedings are all complementary processes.

Due to the fact that arbitration is now a popular way to settle conflicts, it will be emphasized in this course. Standard contract clauses also give arbitration more weight as a potent tool for resolving conflicts before going to court.

When the peaceful settlement is rendered illegitimate, arbitration is applicable. However, the selection of the dispute resolution procedures should take into account the specifics of each contract.

The delegates to this Training Bee course will receive a comprehensive education and training in the finest strategies for resolving disputes outside of court, which are now frequently employed to avoid and resolve commercial issues globally.

All employers, consultants, and contractors must instruct their staff members on the procedures involved in arbitration and dispute resolution methods in order for them to comprehend the legal components of those methods.

This lesson was created by Training Bee to make it simpler to comprehend all the techniques used in arbitration and other dispute resolution procedures.

Introduction

Welcome to the fascinating world of international arbitration, mediation, and dispute resolution, where disputes are settled, relationships are repaired, and justice cuts across international boundaries. Conflicts are an unavoidable reality in a linked world where corporations, people, and governments conduct cross-border transactions. But do not worry; this discipline provides a wide range of smart and useful approaches to deal with these difficulties.

An alternative to conventional litigation, international arbitration, mediation, and dispute resolution are important foundations of the contemporary legal system. These procedures give parties a chance to look for fair and unbiased remedies that are aided by impartial third parties, and they are increasingly acknowledged as the preferable method of resolving conflicts in the international sphere.

We are The Training Bee, a global training and education firm providing services in many countries. We are specialized in capacity building and talent development solutions for individuals and organizations, with our highly customized programs and training sessions.

Learning Objectives

Upon completing International Arbitration, Mediation and Dispute Resolution, participants will be able to:

• Learn about the several sorts of dispute resolution procedures that are an alternative to going to court.
• Utilize genuine case studies to effectively apply your knowledge when analyzing and evaluating legal conflicts.
• Choose the appropriate dispute resolution procedure for the relevant contracts in a project.
• Recognize the processes involved in concluding, recording, and upholding a successful arbitral ruling.
• Inform the parties of the costs and legal ramifications of the dispute resolution process and how to avoid these problems through a peaceful conclusion.
• Showcase strong problem-solving abilities and good communication in complex legal and practical situations when using alternative dispute resolution.

Our Unique Training Methodology

This interactive course comprises the following training methods:

• Journaling – This consists of setting a timer and letting your thoughts flow, unedited and unscripted recording events, ideas, and thoughts over a while, related to the topic.
• Social learning – Information and expertise exchanged amongst peers via computer-based technologies and interactive conversations including Blogging, instant messaging, and forums for debate in groups.
• Project-based learning
• Mind mapping and brainstorming – A session will be carried out between participants to uncover unique ideas, thoughts, and opinions having a quality discussion.
• Interactive sessions – The course will use informative lectures to introduce key concepts and theories related to the topic.
• Presentations – Participants will be presented with multimedia tools such as videos and graphics to enhance learning. These will be delivered engagingly and interactively.

Training Medium

This International Arbitration, Mediation and Dispute Resolution training is designed in a way that it can be delivered face-to-face and virtually.

Course Duration

This training is versatile in its delivery. The training can be delivered as a full-fledged 40-hour training program or a 15- hours crash course covering 5 hours of content each day over 3 days

Pre-course Assessment

Before you enroll in this course all we wanted to know is your exact mindset and your way of thinking.
For that, we have designed this questionnaire attached below.

• In the context of settling conflicts between parties from different nations, what is the main goal of international arbitration?
• Identify the main distinctions between legal action in national courts and international arbitration.
• What benefits does mediation have over arbitration or litigation as a means of resolving disputes?
• Give an instance of a circumstance in which international arbitration might be a better choice for settling a dispute than mediation.
• What distinguishes the UNCITRAL Model Law on International Commercial Arbitration from other statutes and how does it aid in the settlement of international disputes?

Course Modules

This International Arbitration, Mediation and Dispute Resolution cover the following topics for understanding the essentials of the Agile Workplace:

Module 1 – Overview of Dispute Resolution

• Introduction
• What does a dispute consist of?
• Types of Conflicts
• The significance of conflict resolution
• Legal foundation

Module 2 – Methods of Dispute Resolution

• Negotiation
• Conciliation
• Mediation
• Arbitration
• Litigation

Module 3 – Process for Resolving Disputes

• Parties’ agreement
• The beginning of a dispute’s resolution
• Parties’ Responsibilities for Representation
• Deal-making offer

Module 4 – Arbitration

• International arbitration introduction
• Arbitration’s alleged benefits
• Ad hoc vs. Institutional Arbitration
• Agreement to Arbitrate Arbitration in the UAE

Module 5 – Appointment of Arbitrators

• Procedure for appointments
• Competencies of the arbiter
• Appointment conditions for the arbitrator
• Power of the arbitrator
• Cost of arbitration

Module 6 – Getting ready

• Defining the case
• Better and additional information
• The Scott calendar
• Document disclosure
• The hearing’s preparations

Module 7 – Hearing and Evidence

• Types of proof
• Admissibility
• Charge and required level of proof
• Representation Procedure

Module 8 – Arbitration Awards

• Lastly awarded
• Interim and partial awards
• Grant by agreement
• Recognition and application
• Contesting arbitral decisions

Post-course Assessment

Participants need to complete an assessment post-course completion so our mentors will get to know their understanding of the course. A mentor will also have interrogative conversations with participants and provide valuable feedback.

• Give an explanation of the key distinctions between mediation and arbitration as a means of settling international disputes. Give illustrations of when each strategy might be most effective.
• What role does the New York Convention play in the world of international dispute resolution? How does it support the recognition and enforcement of arbitral awards in various legal systems?
• Describe the role of arbitral institutions in international arbitration, such as the London Court of International Arbitration (LCIA) or the International Chamber of Commerce (ICC). What products and services do they provide, and how do they support the arbitration process?
• Describe the doctrine of competence-competence in international arbitration and the significance of it for settling party-to-party jurisdictional disputes.

Lessons Learned

Flexibility in Approaches: One of the most important lessons is that various disputes call for various approaches. Before deciding on the most suitable approach, practitioners should carefully analyze the nature of the disagreement, the parties involved, and their unique needs. International arbitration, mediation, and other conflict resolution procedures all offer flexibility.

Neutrality and impartiality are crucial for ensuring the fairness and credibility of the process, whether the person in question is an arbitrator or a mediator. When parties feel the impartial third party has acted fairly, they are more inclined to trust and accept the results.

The enforceability of arbitral awards is important in the settlement of international disputes. International arbitration is a desirable option for resolving cross-border conflicts because of the New York Convention, which is essential in making it easier for arbitral judgments to be recognized and enforced internationally.

Cultural Sensitivity and Awareness: In today’s increasingly multicultural society, parties frequently hail from various cultural origins. To promote effective communication and understanding between parties, mediators and arbitrators must be aware of cultural variations and modify their approaches accordingly.

“A World of Resolution: The Influence of Diplomacy via International Arbitration”