Course Overview
Arbitration is an effective method of resolving disputes between financial parties and others. It is distinct from mediation, in which there is a negotiation between parties to reach a voluntary settlement, wherein decisions are not binding unless agreed upon by all parties.
Disputes between consumers and a bank are resolved through arbitration, which is agreed upon in a contract signed by both parties at the start. The arbitration clause in a contract is a mutual term binding both parties to resolve disputes through arbitration.
This Zoe training course will empower you with a detailed understanding of banking arbitration, disputes resolution and contracts.
Through this Banking Arbitration, Disputes Resolution and Contracts course, you will gain a comprehensive overview of dispute resolution and would understand arbitration and all related aspects thoroughly, thus becoming an expert in this field.
Course Objectives
The key objective of this Banking Arbitration, Disputes Resolution and Contracts course is to empower professionals to—
- develop a thorough understanding of arbitration, dispute resolution and contracts
- draft contracts carefully, securing the interest of both parties through appropriate contracts
- use effective means to resolve disputes amicably for one’s organisation, without any impact on organisational costs and branding
- train other professionals on important features of arbitration, dispute resolution and contracts
- play an active role to sort out issues and disagreements through effective arbitration means
- review all existing agreements of the organisation for alignment with relevant arbitrary laws, thus ensuring organisational stability and credibility
- undertake critical roles of overseeing all aspects that could be causes or sources of dispute between the organisation and other parties, in turn demonstrating talent to assume higher roles securing one’s growth
- apply modern concepts of arbitration and dispute resolution for one’s organisation, while ensuring that the organisation stays competent and safeguarded
Training Methodology
All courses at Zoe Talent Solutions are customisable; thus, before the commencement of sessions, the content is thoroughly reviewed and amended, if needed.
Trainers are highly experienced professionals from the relevant domain. Trainee participation is encouraged through group assignments and projects, including role-plays and experiential learning.
This unique training concept was devised by Zoe Talent Solutions and is called the Do–Review–Learn–Apply Model.
Organisational Benefits
Organisations whose professionals undertake this course will benefit in the ways mentioned below:
- Advanced arbitration and dispute resolution concepts securing organisational interests
- Well-drafted contracts outlining all necessary, possible clauses, protecting the organisation against possible risks
- Free-of-cost training of employees on best practices of arbitration, dispute resolution and contracts
- Constant audit of existing agreements to check for gaps posing a threat to the organisation
- Adherence to required standards and arbitrary laws in all agreements and contracts
- Organisational credibility, stability and development through risk mitigation and protection against legal issues
- Application of advanced concepts of dispute resolution to reach conclusions in the best interest of the organisation, keeping the organisation competent in the industry
- Greater success in arbitrations and disputes because of these aspects handled by trained professionals
Personal Benefits
Professionals opting for this training course will benefit in the several ways mentioned below:
- Detailed knowledge and understanding of arbitration, dispute resolution and contracts
- Increased knowledge and confidence to train other professionals on best practices of arbitration, dispute resolution, and contracts
- Improved foresight to review current contracts to identify and resolve gaps posing a threat to one’s organisation
- Enhanced skill and understanding to draft contracts outlining all important clauses in the best interest of one’s organisation
- Increased experience and knowledge of modern practices to draft arbitration agreements and discussions on behalf of the organisation
- Greater confidence and experience to represent the organisation in dispute resolution measures, thus demonstrating one’s potential to oversee greater responsibilities through higher roles and responsibilities
- Increased understanding and knowledge of all relevant arbitrary laws to ensure that one’s organisation is in adherence with these
- Enhanced skills and capabilities to undertake and successfully fulfil higher roles and responsibilities as part of the organisation, supporting career development
Who Should Attend?
- Bankers and other financial executives concerned with banking functions
- Strategic leadership involved in critical decision making
- Legal advisors responsible for safeguarding the organisation’s interest in case of legal issues
- Other judicial members who need to understand arbitration, dispute resolution and contracts in banking
- Contract managers overseeing the drafting and execution of contracts between the organisation and other parties
- Any other professional interested in knowing more about banking arbitration, dispute resolution and contracts
Course Outline
The Certified Expert in Banking Arbitration, Disputes Resolution and Contracts course covers the following topics regarding banking arbitration, dispute resolution and contracts:
Module 1 – Types of Arbitration
- Institutional
- Ad hoc
- Statutory
- Domestic and international
Module 2 – Steps in the Arbitration Process
- Case filing
- Arbitrator selection process
- Preliminary hearing and scheduling order
- Discovery process
- Hearing/mediation
- Arbitration hearing
- post-arbitration briefs
- Final arbitration award
Module 3 – Advantages of Arbitration
- Decision-maker with expertise
- Speed
- Lower cost
- Flexible
- Confidential
- Less formal than court
- Business relationship preservation
Module 4 – Disadvantages of Arbitration
- Limited recourse
- Uneven playing field
- Lack of transparency
- Limited rights of appeal
- Lack of formal discovery
Module 5 – Reasons for Increased Arbitration in Finance
- Legal and financial market expertise of qualified arbitrators
- Confidentiality of the arbitral process
- Worldwide enforceability of arbitral awards
Module 6 – Tailor-Made Choices in case of Arbitration in Banking and Finance
- Seat of arbitration
- Selection of arbitrators
- Consolidation and joinder provisions
- Procedures for swift decisions
Module 7 – Aspects Considered by Lenders during Dispute Resolution
- Stability and predictability
- Neutrality
- Professionalism
- Confidentiality, speed, cost
- Flexible enforceability
Module 8 – Types of Banking Disputes
- Commercial loan facility litigation
- Inter-bank disputes
- Financial fraud and anti-money laundering
- Mis-selling of financial products and services
- Lender claims
- Distressed debt
Module 9 – Dispute Resolution Processes
- Adjudicative processes
- Litigation
- Arbitration
- Consensual processes
- Collaborative law
- Mediation
- Conciliation
- Negotiation
Module 10 – Obstacles While Addressing Card Disputes
- Complex operating models
- Over-processing of banks
- Long, complex research process
- Ineffective quality assurance
- Inadequate performance management
- Over-reliance on case management systems
- Increasing regulatory focus
Module 11 – Five Imperatives to Address Dispute Resolution Obstacles
- Digitise dispute resolution processes
- Redesign processes with lean principles
- Apply advanced analytics
- Employ intelligent process automation
- Strengthen management systems
Module 12 – Uses of Intelligent Process Automation
- Fraud prevention
- Intake review
- Dispute management
- Dispute processing
- Post-dispute processing
- Post-dispute quality analysis on fraud
- Dispute support
Module 13 – Contents of an Arbitration Clause in a Contract and their Importance
- Intention to resolve disputes
- Number of arbitrators
- Qualification of arbitrators
- Procedure to appoint arbitrators
- Language of arbitration
- Seat/place of arbitration
- Applicable laws
Module 14 – Essential Elements for Effective Arbitration Agreements
- Governing law of the agreement
- Existence of a contract
- Consideration
- Mutuality
- Class action waiver
- Opt-put provision
- Employees’ rights under the law
- Waiver of jury trial
- Governing body over disputes
Module 15 – Arbitration Agreements with Special Conditions
- Multi-tiered dispute resolution clauses
- Multi-tiered arbitration clauses
- Preconditions to arbitration
- Mediation
- Dispute resolution board
- Expert determination
- Joint meeting
