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About our e-Learning | |
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'ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION (INTRODUCTORY COURSE)'
| Course Information | ||
 The
expansion of international trade, particularly in recent decades,
has spawned a large number and type of international disputes. Resolving
those disputes without agreed procedures for doing so, can prove to
be time-consuming, frustrating and even pointless. Although arbitration
was traditionally perceived as serving the interests of industrialized
countries, since the 1970s there has been a surge in the participation
in arbitration by developing countries and emerging economies. It
is there important for lawyers and financial negotiators to be aware
of the issues, problems and institutions involved in the various stages
of international arbitration and alternative dispute resolution. This
course aims to expose the various methods available for the effective
and efficient resolution of international commercial disputes other
than courses, such as arbitration, mediation, conciliation. It will
also provide an overview of the leading national and international
arbitration institutions engaged in providing the services and fora
for the resolution of such disputes. |
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| • | Registration Status: | OPEN |
| • | Deadline for Enrollment: | when slots are full |
| • | Course Dates: | May 26 to July 11, 2008 |
| • | Estimated learning time: | Minimum of 35 hours |
| • | Format: | Online/Internet-based (asynchronous) |
| • | Language of Instruction: | English |
| • | Fees: | US $ 400/- |
| • | Helpline: | UNITAR Geneva (Course Administration and Technical Questions) |
| Overall Objectives and Scope | ||
Justice dispensation system of a country plays a significant role in its progress and prosperity. If the delivery of justice in a country is reasonably quick, less expensive, involves less procedural formalities, devoid of technicalities, based on equity and justice and dependable, such countries enjoy reliability and better confidence of the international investing community. The courts or judicial forums established by the law of the land are sufficient to render the justice. However, this seldom happens, particularly when a country is in the developing stage. In developing countries generally the justice dispensation system is a low priority item. The reason being that it is a non-revenue generating branch of the State. Thus, out of the scarce resources of the country, the share of judicial system is often meager. The absence of the will of the State to devote the attention it deserves, insufficiency of resources and inadequacy of well trained man power have serious impact on it. The result is that the cases take unduly long time to decide and the process becomes very expensive and unreliable. In spite of these difficulties, when a dispute arises between two persons belonging to the same country, they generally go to the courts established by law in that country. This has been the most common method employed by the citizens of a country for resolution of a dispute with fellow citizens. It is when a dispute arises between two persons belonging to two different countries that the difficulty arises. One option available to the parties is to go to the domestic courts of either country for the resolution of that dispute. However, this approach may have its own problems. The first is the jurisdiction of the courts. The laws relating to jurisdiction of a country are not made keeping in view transnational disputes. The other is dissimilarity in the legal system of two countries. The problem acquires serious dimensions if the country of one party follows Common Law system and the country of the other party follows Civil Law system. The next is the choice of law applicable to the agreement and the consequential dispute between the parties. Availability of assets of the defendant in that jurisdiction is also a consideration for the purpose. Apart from these difficulties, the above mentioned conventional difficulties like undue delay in the dispensation of justice, complicated procedural formalities, transportation of entire evidence and witnesses from one country to the other country, high cost of litigation, judicial imperfection, etc. cannot be ignored. In view of these and other difficulties, the alternative dispute resolution (ADR) methods are becoming more popular world wide. They help in generation of confidence of the international investing community. And if a dispute arises, they need not depend on the judicial system of that country and can resort to the alternative dispute resolution methods. |
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| Intended Audience | ||
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| Course Goals | ||
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At the beginning of each module, this
course offers a set of learning objectives so as to enable the course
participants to know what they will learn from that particular module/session. |
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| Pedagogy | ||
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All successful participants will be
eligible to a certificate after completion of this online course. |
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| Course Outline | ||
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| [REGISTER NOW] | ||