Lawsikho

Introduction

All waitlist participants shall be informed about the next enrollment date

This is a hands on course which teaches you how to resolve disputes effectively through arbitration, mediation and conciliation. No prior theoretical or legal knowledge is required.

You will find the skills and understanding provided here useful, irrespective of whether you are a businessman or a professional. If you are a businessman, you will be able to prepare superior dispute resolution strategies and add insights to discussions with your internal team (CXOs, legal and compliance team) and with external lawyers and law firms. If you are a lawyer or a law student, this course is very different from what you will study in law school in arbitration or alternate dispute resolution class. You will be able to think from a strategic and practical perspective.

If you have been involved in advisory or corporate work and would like to add on a practice of arbitration or shift to arbitration, this course will enable you to make a smooth shift.

This course is only meant for business professionals and not for lawyers who intend to practice arbitration. Law students may take this course for a basic understanding of arbitration and dispute resolution as a stepping stone alone.

Who should take this course?

Law students interested in arbitration
Government officials

What is the career potential after doing this course

Learn to draft effective arbitration clauses for your clients
Understand the most commonly required documents in an arbitration proceeding and how you can draft them in the most effective manner
How can you reduce the uncertainty that leads to frequent court intervention
Develop the skills that ensure your ad hoc arbitration proceeds in a planned manner
Get an understanding about the types of interim measures you should request and the authorities from whom you should request these
Learn the mechanisms that will speed up your arbitration procedure
When you should select institutional arbitration over ad hoc arbitration
Understand what it takes to ensure an effective arbitration and ways to reduce risk of litigation and of court interventions
How can you lower the costs of arbitration for your client
Understand and implement the provision of statutory mediation under the Companies act and its relevance for your clients
Get an understanding for drafting interim arbitration awards and how to structure it
Learn how to enforce arbitral awards
Gain an understanding of the laws pertaining to anti-suit injunctions in India
Understand how to decide arbitrability in the context of international commercial arbitration
Learn how to choose between institutional and ad hoc arbitration
Understand the relevance of UNCITRAL model law and New York conventions in the international commercial arbitration
Learn how to enforce a foreign arbitral award in India
When and where you should use conciliation and mediation processes
Why conciliation is preferable to mediation in India

Potential employers

Law firms
In-house legal teams of companies
Central and state governments
PSUs
Independent litigators

Relevant Industries

banking

legal

finance

insurance

GOVERNMENT

What is unique about this course

The course is not limited to a provision-by-provision study of some statutes and associated case laws alone
The course trains you on different kinds of actual work that is required to be performed by lawyers and other professionals. After finishing the course, you will know as much practical knowledge as a lawyer working at a big law firm will know after a year or two of experience
It is not a mere theoretical study, but all the lessons are based on the practical application of the topics dealt in the course
You will get personal attention and coaching from the trainers, and any doubt regarding a topic shall be addressed within 48 hours
You will be given an opportunity to work on two writing assignments during the term of the course that shall be published either on iPleaders blog or any other industry publications if it meets our specifications
In the span of the course, you shall be accessed over 3 subjective-based exercises relating to the course topics that shall help you to understand the practical aspects of the subject
The course is tough and intensive, you will not be awarded the certificate unless you complete all the 3 subjective exercises and 2 writing assignments, as mentioned above.

Syllabus

Arbitration Concepts

Commercial advantage of arbitration Which disputes are arbitrable How to initiate arbitration proceedings How to appoint arbitrators Eligibility for appointment as an arbitrator How to challenge appointment of arbitrators How to execute a valid arbitration agreement or clause with samples Grounds for challenging validity of arbitration agreement

Practical Arbitration Procedures

Powers of the arbitral tribunal How to draft a statement of claims How to draft a statement of defense Stages at which court intervention is likely and how to reduce litigation risk How to write interim and final awards Validity of online arbitration When to use fast track and appellate arbitration Interim relief procedures Key changes introduced by 2015 amendment to arbitration law

Introduction To International Commercial Arbitration

What is international commercial arbitration 1. Investment treaty arbitration vs. international commercial arbitration 2. Impact of international conventions for harmonization of municipal laws of multiple countries Pros and cons of institutional arbitration in international commercial arbitration Comparison of rules of key arbitral institutions Step-by-step view of an international arbitration Advanced concepts in international commercial arbitration 1. Seat vs. Venue 2. Choice of different jurisdictions 3. International commercial arbitration vs. foreign awards 4. Exclusion of oral hearings and other expedited arbitration procedures Why and when to use anti-suit injunctions

International Commercial Arbitration Procedures

How to draft applications for international commercial arbitration Enforcement and Challenge of Awards ICC Rules vs. Indian Council of Arbitration Rules

Conciliation And Expert Determination

Pre-dispute negotiation Why conciliation is preferable to mediation in India When to use expert determination How to lead your mediation/conciliation process to an effective outcome 1. As a client 2. As a lawyer Common delay tactics by unscrupulous litigants and how to avoid them

Mediation

How to use mediation to resolve family business disputes Case study of Delhi High Court Mediation Rules Statutory mediation under Companies Act, 2013 Contract-based mediation vs. Court-annexed mediation

Video Tutorials Of Sample Documents For Drafting Guidance

Notice of Arbitration Statement of Claims Statement of Defence Application for interim relief from court and from tribunal Application for appointment of arbitrator Appeal against interim award Application to set aside an arbitral award Execution petition for enforcement of arbitral award