Essentials of Arbitration (Module 2a)

Quiz to “What arbitration is not”

What arbitration is not

What is arbitration

Quiz to “What is arbitration”

Arbitration as the preferred method for cross border disputes

Quiz to “Arbitration as the preferred method for cross border disputes”

Comparing litigation vs arbitration

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Introduction to worldwide enforcement of arbitral awards

Quiz to “Introduction to worldwide enforcement of arbitral awards”

An introduction to the New York Convention

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Basic considerations regarding arbitration agreements

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Module 2a, 02a: The advantages of international arbitration – Sue Hyun Lim 8 Topics | 8 Quizzes

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Quiz to Introduction to the sessions

Party autonomy

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Neutrality

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Expert decision makers

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Finality of Arbitral Awards

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Enforceability

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Confidentiality

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Other perceived advantages

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Module 2a, 03: International arbitration agreements – Dalma Demeter 2 Topics | 2 Quizzes

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Revision dissecting arbitration agreements

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Module 2a, 04: The Arbitration Clause I – Kabir Duggal and Harald Sippel 8 Topics | 7 Quizzes

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The two types of arbitration agreements

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First things first: why arbitration clauses matter and why you should draft a valid arbitration clause

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The scope of arbitration clauses

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It is like making Pizza Margherita – the ingredients to drafting successful arbitration agreements

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How to make Pizza Quattro Formaggi: additional common elements in arbitration agreements

Quiz to “How to make Pizza Quattro Formaggi: additional common elements in arbitration agreements”

Pathological arbitration clauses

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Waiver of the right to arbitrate

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Module 2a, 05: The Arbitration Clause II – Kabir Duggal and Harald Sippel 4 Topics | 1 Quiz

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The separability of arbitration in agreements

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Separability in practice

Formal requirements of the arbitration agreement – what does: “in writing” truly mean?

Module 2a, 06: Arbitrability – Harshitha Ram 4 Topics | 4 Quizzes

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Arbitrability and its background

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Dissecting arbitrability

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Arbitrability and the UNCITRAL Model Law

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Module 2a, 07: Commencement of the Arbitration – Darshendev Singh 8 Topics | 7 Quizzes

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Identify… the preconditions to arbitration

Be cognizant

Quiz to “Be cognizant”

Quiz to “Identify… the preconditions to arbitration”

Action… draft your notice of arbitration

Quiz to “Action… draft your notice of arbitration”

Manner… how to issue the notice of arbitration

Quiz to “Manner… how to issue the notice of arbitration”

Chase… the arbitration process

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The response to the notice of arbitration

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Concluding remarks

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Module 2a, 08: The Arbitral Tribunal – Winnie Ma 13 Topics | 12 Quizzes

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Scope and significant of this session

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Examples of application in practice

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Considerations for parties in the appointment of arbitrators

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The Secretary General of the PCA as designator of the appointing authority

Quiz to “The Secretary General of the PCA as designator of the appointing authority”

What is the ideal number of arbitrators?

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The UNICTRAL Model Arbitration Clause

Quiz to “The UNICTRAL Model Arbitration Clause”

Procedures for appointing arbitrators

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List system vs list procedure

Quiz to “List system vs list procedure”

Appointment of three arbitrators UNCITRAL Rules

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Limitations in appointing arbitrators Part I

Quiz to “Limitations in appointing arbitrators Part I”

Appointment in practice – recent studies

Quiz to “Appointment in practice – recent studies”

Module 2a, 09: Independence and impartiality – Wolf von Kumberg 8 Topics | 8 Quizzes

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What does “Independence and Impartiality” mean

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The IBA Guidelines on Conflicts of Interest in International Arbitration

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The “IBA Red List”

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The IBA Red List and the IBA Green List

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Grounds for finding lack of impartiality

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Disclosure and disclosure obligations

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Tests for Independence and Impartiality

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Module 2a, 10: The challenges of arbitrators – Laura Karuri Alakjia 9 Topics | 9 Quizzes

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Introduction to the challenge of an arbitrator

Quiz to “Introduction to the challenge of an arbitrator”

Challenges because of a lack of impartiality and independence

Quiz to Challenges because of a lack of impartiality and independence”

Challenges related to non disclosure

Quiz to “Challenges related to non disclosure”

Quiz to Challenges related to not meeting the agreed upon qualifications”

Quiz to Challenges related to the arbitrator’s nationality”

Quiz to “Challenges related to the arbitrator’s default or incapacity”

Quiz to “Challenges related to arbitrator misconduct”

The procedure for challenge

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Module 2a, 11: Replacement of arbitrators – Anjana Khemraz 6 Topics | 4 Quizzes

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Quiz to “The legal background”

The legal background

Reason for the replacement of arbitrators

Quiz to “Reason for the replacement of arbitrators”

The procedure for the replacement of arbitrators

Quiz to “The procedure for the replacement of arbitrators”

Truncated tribunals

Quiz to “Truncated tribunals”

Concluding remarks

Module 2a, 12: The organization of an arbitration I – Sheila Ahuja 5 Topics | 2 Quizzes

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Party autonomy in international arbitration

Quiz to “Party autonomy in international arbitration”

Limitations to party autonomy

International standards & practice

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Module 2a, 13: The organization of an arbitration II – Chié Nakahara and Mariana Zhong 10 Topics | 8 Quizzes

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Introduction to the Lesson (Part 1)

Procedural orders in general

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Procedural Order No 1

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The Procedural Timetable

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Bifurcation

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Introduction to the Lesson (Part 2)

General guidelines guiding the conduct of the arbitration

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The first steps taken by the arbitral tribunal in an arbitration-UNCITRAL Arbitration Rules

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The first steps taken by the arbitral tribunal in an arbitration-examples from international arbitration rules

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Procedural Meetings in practice

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Module 2a, 14: The organization of an arbitration III – Donna Ross 10 Topics | 10 Quizzes

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Submissions prior to the oral hearing an overview

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Statement of Claim

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Statement of Defence

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Additional written pleadings

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Additional types of pre hearing written statements

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The timing of written statements in arbitration

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The form or written statements

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Post hearing submissions

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Tips for written advocacy

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Module 2a, 15: The organization of an arbitration IV – Rekha Rangachari and Kabir Duggal 6 Topics | 4 Quizzes

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Basic remarks on evidence in international arbitration

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Witnesses of fact in international arbitration

Quiz to “Witnesses of fact in international arbitration”

The use of experts in international arbitration

Quiz to “The use of experts in international arbitration”

Documentary evidence and document production

Quiz to “Documentary evidence and document production”

Concluding remarks

Module 2a, 16a: The organization of an arbitration V (Part 1) – Vicky Zhao 4 Topics | 2 Quizzes

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Introduction to the session

Differences between civil law countries and common law countries

Quiz to “Differences between civil law countries and common law countries”

Preparing for document production

Quiz to “Preparing for document production”

Module 2a, 16b: The organization of an arbitration V (Part 2) – Iain Potter 6 Topics | 4 Quizzes

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Quiz to “What is Expert Evidence”

What is Expert Evidence

Common Areas for Expert Evidence

Quiz to “Common Areas for Expert Evidence”

Rules and Procedure

Quiz to “Rules and Procedure”

Common Flaws in Expert Evidence

Quiz to “Common Flaws in Expert Evidence”