Conflict and dispute in contract
Course Code: LT100
Course Objective
- Comprehensively understand the different types of dispute resolution methods
- Understand the main dispute resolution clauses in public contracts
- Know the available mechanisms to resolving public contracts
- Be aware of the approaches to conflict, management, avoidance, and settlement
- Be able to assess and apply the best means to resolve disputes in different potential scenarios
Course Outline
DAY 1
Introduction to Public Contract Disputes
- Overview of types of disputes in the public sector
- Preference for arbitration to litigation
- Neutrality of process
- Party autonomy
- Cost effectiveness and speed
- Enforceability of the award
- Confidentiality of proceedings
- Arbitral Institutions
- International Chamber of Commerce (ICC) International Court of Arbitration
- The London Court of International Arbitration (LCIA)
- The American Arbitration Association’s International Center for Dispute Resolution (AAA) / ICDR
- Ad Hoc Arbitration
- Arbitration under UNCITRAL Rules
DAY 2
Dispute Resolution and Arbitration Clauses in Contracts
- Dispute resolution clause in:
- Acquisition contracts
- Joint operating agreements
- Service agreements
- Charter party
- Analysis of various clauses
DAY 3
Applicable Law and Dispute Resolution
- Legal framework for arbitration
- Arbitration agreement or clause
- Arbitration conventions and investment treaties
- Arbitration procedural rules
- National laws
- National courts
- Multilateral and bilateral treaties
- proper law of contract
- Legal position of conciliation and mediation
- Law of arbitration
- Procedure of arbitration
- Curial law of the venue of arbitration
DAY 4
Various Modes of Dispute Resolution
- Expert determination
- Mediation
- Conciliation
- Arbitration
- Ad-hoc and institutional arbitration
- Venue of arbitration
- Enforcement of award
- Sovereign immunity and other problems of suing foreign governments
- Benefits and challenges of mediation of public disputes over arbitration
- Understanding implied waiver of sovereign immunity
- Mock arbitration & mediation
DAY 5
Limitations of Arbitration, Strategy, Tactics and Enforcement
- Limitations of international arbitration
- Costs of arbitration
- Limited power of the arbitrators
- The difficulty of bringing three or more parties before the same arbitral tribunal
- Delay due to the difficulty of communication and language and inconsistency
- Fees and expenses of arbitrators
- Substantial expenses depending on the weight of the dispute in question
- Litigation and arbitration: strategy, tactics, and enforcement
- Appointment of an arbitrator
- Appointment of legal counsel
- Making of claim and counter claim
- Disclosure of documents
- Witnesses and cross – examination
- Enforcement proceedings
- Identifying assets
- Enforcement methods
- Treaties
- Local laws relating to enforcement
- Problems in multiparty disputes
- Public policy on enforcement of awards
- Settlement of disputes
- When to consider settlement
- Commencing negotiation
- Documentation of settlement
- Full and final settlement
The Cost Of The Training Program Includes The Following:
- Scientific article on flash memory.
- Training Room.
- Training.
- Coffee break.
- The training bag includes all the tools for the course.
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