Course Overview

The disputes among the corporates these days, are increasing rapidly and the resolution required for the disputes are being widely discussed within organizations. The competency in dispute resolution is mandatory for all professionals working in any organization.

Commercial dispute resolution strategies have evolved rapidly in the past 20 to 25 years. Dispute resolution methods discussed in this course are mediation, negotiation, litigation, adjudication, conciliation and arbitration.

The arbitration remains the primary dispute resolution mechanism in international trade. Arbitration and all ADR processes, which are normally out-of-court processes. Court proceedings, arbitration and ADR are complementary processes.

This course will emphasize arbitration, as arbitration has become a frequently used method for resolving disputes. The standard conditions of contracts also give more priority to the arbitration as a powerful tool to resolve the disputes prior to a court proceeding.

The arbitration is applicable when the amicable settlement becomes invalid. However, the choices of the dispute resolution methods should be according to the circumstances surrounding each contract.

This Zoe course will provide a holistic education/training to the delegates for the best practice in dealing with the dispute resolution methods as alternatives to court proceedings that are now commonly used to prevent and settle business disputes in an international context.

In order to understand the legal aspects of dispute resolution techniques, it is essential for all the employers, consultants, contractors to train their employees on the procedures involved in the arbitration and dispute resolution methods.

Zoe Talent Solutions have designed this module in an easier way to understand all the approaches involved in the arbitration and dispute resolution methods.

Course Objectives

Upon completing this ‘International Arbitration, Mediation and Dispute Resolution Course’ successfully, participants will be able to:

• Understand the various types of dispute resolution methods available as an alternative to the court proceedings
• Effectively apply knowledge in studying and evaluating the legal disputes by referring real case studies
• Appropriately select the suitable dispute resolution method for the corresponding contracts in a project
• Understand the procedures involved in the concluding, recording and enforcing an effective arbitral award for a dispute
• Advise the parties on the expenses and legal considerations involved in the dispute resolution and how to avoid such issues through amicable settlement
• Demonstrate effective communication skills and a practical problem-solving method in intricate legal and realistic circumstances in alternative dispute resolution

Training Methodology

This is a collaborative ‘International Arbitration, Mediation and Dispute Resolution Course’ and will comprise the following training approaches:

• Lectures
• Seminars and Presentations
• Group Discussions
• Assignments
• Case Studies & Functional Exercises

Zoe Talent Solutions uses the ‘Do-Review-Learn-Apply’ model in all our courses.

Organisational Benefit

Enterprises who nominate their employees to partake in this ‘International Arbitration, Mediation and Dispute Resolution Course’ can benefit in the following ways:

• Establish various dispute resolution mechanisms in your international trade
• Reduce the probability of disputes leading to legal action
• Effectively operate national and international legal requirements for dispute resolution

Personal Benefits

Professionals attending this course on ‘International Arbitration, Mediation and Dispute Resolution Course’, can benefit in the following ways:

• Know and Understand the legal aspects of dispute resolution techniques
• Detect the factual course of action to resolve a legal dispute
• Use case law to reach a favourable outcome for your organization

Who Should Attend?

This International Arbitration, Mediation and Dispute Resolution course would be suitable for:

• Contract specialists and professionals
• Risk managers
• Mediators, Arbitrators and Adjudicators
• Planning Engineers
• Quantity Surveyors
• Commercial Directors
• Business development professionals
• Employer’s and Contractor’s representatives
• Project managers

Course Outline

MODULE 1: Introduction to Dispute Resolution

• Introduction
• What constitutes a dispute?
• Types of disputes
• Importance of dispute resolution
• Legal framework

MODULE 2: Dispute Resolution Methods

• Negotiation
• Conciliation
• Mediation
• Arbitration
• Litigation

MODULE 3: Dispute Resolution Process

• Agreement of parties
• Initiation of dispute resolution
• Representation
• Responsibilities of the parties
• Offer to settle

MODULE 4: Arbitration

• Introduction to international arbitration
• Arbitration’s perceived advantages
• Institutional vs Adhoc Arbitration
• Arbitration Agreement
• Arbitration in the UAE

MODULE 5: Arbitrator Appointment

• Appointment procedure
• Qualifications of the arbitrator
• Terms of the arbitrator’s appointment
• Arbitrator’s power
• Arbitration cost

MODULE 6: Setting up

• Statement of case
• Further and better particulars
• The Scott schedule
• Disclosure of documents
• Arrangements for the hearing

MODULE 7: Evidence and the Hearing

• Kinds of evidence
• Admissibility
• Burden and standard of proof
• Representation
• Procedure

MODULE 8: Arbitral Awards

• Final award
• Partial and interim awards
• Award by consent
• Recognition and enforcement
• Challenge of arbitral awards