Alternative dispute resolution (ADR) methods are becoming more common and popular as they help in generating confidence of the international investing community. If a dispute arises, international investors need not depend on the judicial system of a particular country, but and can resort to the alternative dispute resolution methods, such as arbitration. The main advantage of alternative dispute resolution methods is that they allow the parties in a dispute to avoid 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 and judicial imperfection. This foundation course is being organized to highlight the use of arbitration as an ADR mechanism for resolution of disputes as well as understand the pleadings required to be placed before an arbitral tribunal by the parties (particularly the claims and defense), the method and procedure before the tribunal, the process and kinds of awards an arbitral tribunal can deliver.
At the end of the course, the participants should be able to:
- Recognize the appropriate procedure in arbitration proceedings, particularly, but not limited to, international or transnational disputes;
- Describe the award a tribunal can deliver and the process of awarding such;
- Define and differentiate the awards available under various alternative dispute resolution systems;
- Construct pleadings for an arbitral tribunal; and
- Evaluate the existing International Conventions and Protocol in the enforcement of foreign awards and the dilemma in the actual implementation.
The course consists of the following modules:
- Module 1: Introduction
- Module 2: Arbitration Proceedings
- Module 3: Arbitration Proceedings
- Module 4: Making of Award
- Module 5: Challenge or Vacation of Award
- Module 6: Recognition and Enforcement of Award
In order to ensure the best possible outreach, the course will be delivered through e-learning. Through a multiple-instructional setting, the goal is to achieve the learning objectives by means of learning technologies that match personal learning styles and by the inclusion of non-linear learning that aims at the development of just-in-time skills of adult learners. At the same time, in order to allow participants maximum flexibility of scheduling , the learning will be conducted in an asynchronous manner. Using a state-of-the-art training architecture, UNITAR will combine self-learning with assessments and online discussions. The pedagogy - adapted specifically to professionals in full-time work - will help train participants through various experiences: absorb (read); do (activity); interact (socialize); reflect (relate to one’s own reality).
This course is most suited for government lawyers and other members of the Attorney-General's office; officials of the Ministry of Justice and of other Ministries; officials of state-owned enterprises; representatives from universities; members of the judiciary; representatives of trade and industry who enter into international and domestic agreements; decision makers, economists, negotiators, businessmen, and legal researchers.
A certificate of completion will be issued by UNITAR to all participants who complete the course-related assignments and assessments successfully.