Course Overview

International adjudication is increasingly seen as the centre of the international legal system. Legality and illegality in international law no longer manifest themselves principally in the sources of international law and the argumentative practices of states, but in the final and binding decisions of international courts and tribunals.

This, in turn, raises legitimacy concerns. Therefore, there is a need to re-evaluate the hypothesis that permanent international courts establish the exactness of the idea of international adjudication, and justifiably establish the main focus of international adjudication theory.

At the same time, arbitration is growing considerably as a mechanism to enforce international law. This trend is evident on the level of state-to-state and in private-public disputes. Far from being a historic remnant and precursor of permanent courts, arbitration fulfils a role that is no less important than that of permanent courts in settling international disputes and enforcing international law.

How can you become an effective adjudicator? The role of the adjudicator is largely determined by principles of fairness and impartiality. These principles act as the “legal boundaries” and they dictate how adjudicators can behave, regardless of whether they are passive or active in their approach to adjudication.

To effectively engage in active adjudication, it is important to have a clear sense of procedural fairness and the obligation to remain impartial. In deciding what alternative processes are appropriate, effective adjudicators must consider the principles and determine whether a particular way of proceeding is both fair and impartial.

Adjudicators must learn how to apply flexible and malleable principles in a variety of circumstances. Therefore, this training must be more than teaching legal tests and analytical frameworks. It cannot simply be about hard and fast rules or procedures.

This Zoe training course aims to inspire a new generation of lawyers to rethink traditional approaches to conflict and its resolution, and to equip them with the tools required to succeed in the field. It combines solid theoretical grounding, broad interdisciplinary training and opportunities for individual study and skills development.

Course Objectives

Upon completing this International Best Practices in Commercial Arbitration and Adjudication course successfully, participants will be able to:

• Study under knowledgeable mentors to improve your decision writing skills
• Learn from guided reading
• Participate in international webinars
• Gain practical training with an emphasis on developing professional competencies in
• Understand how to run the adjudication process in practice
• Become an expert in writing a competent, enforceable and professional adjudication outcome

Training Methodology

This is an interactive International Best Practices in Commercial Arbitration and Adjudication training program and will consist of the following training approaches:

• Lectures
• Seminars & Presentations
• Group Discussions
• Assignments
• Case Studies & Functional Exercises
• Practical Sessions
• Dissertation

Just like all our courses, this program also follows the ‘Do-Review-Learn-Apply’ model.

Organisational Benefits

Companies who send in their employees to participate in this International Best Practices in Commercial Arbitration and Adjudication course can benefit in the following ways:

• Comprehend the principles and practice of adjudication and the international context in which this operates
• Examine issues in international adjudication
• Analyse case studies in this domain and be able to apply successful techniques in your organisation
• Employ relevant institutional policies to help resolve issues that arise in international adjudication disputes
• Get offered with all the excellent learning opportunities your employees would get on campus, without the restrictions of fixed times or locations

Personal Benefits

Professionals who participate in this International Best Practices in Commercial Arbitration and Adjudication course can benefit in the following ways:

• Build upon critical thinking and independent learning skills to enable students to gain knowledge in an area of substantial commercial interest, which will enhance employability potential in the field of international adjudication
• Understand the legal and theoretical principles and concepts of international adjudication; assess the factors that have contributed to the global growth of adjudication from a comparative perspective and the relationship between adjudication and international courts
• Explain the practical requirements and operation of adjudication and arbitration
• Safeguard your company from the probable adjudication disputes faced due to improper issue management

Who Should Attend?

This International Best Practices in Commercial Arbitration and Adjudication course is suitable for private practice lawyers working in:

• International law
• International litigation
• Civil and criminal litigation
• Construction law
• Arbitration
• Dispute resolution

As well as individuals involved in the following:

• Business development
• Legal departments
• Compliance departments
• Those who are individually involved in making legal decisions
• Employees who manage or supervise legal and compliance teams

Course Outline

MODULE 1: INTERNATIONAL COMMERCIAL ADJUDICATION

• What is adjudication?
• Fundamental principles of international commercial arbitration
• Forms of adjudication
• Dispute resolution mechanisms
• Legal framework of adjudication
• Theories of adjudication
• Examples of adjudication
• Becoming an effective adjudicator
• Addressing problems of international arbitration

MODULE 2: THE ARBITRATION AGREEMENT

• Critical understanding of international commercial arbitration
• Appointment of adjudicators
• Adjudication procedure
• Adjudication and the courts in general
• Nurturing a deeper understanding of procedural fairness
• Understanding the obligation to remain impartial

MODULE 3: INTERNATIONAL COMMERCIAL ADJUDICATION: SELECTED ISSUES

• Complex international legal elements
• Decision making in adjudication
• The role of adjudication institutions
• Legitimacy of the adjudication process
• Applicable law issues
• Challenges to adjudicators, standards of independence and impartiality

MODULE 4: MULTI-PARTY AND MULTI-CONTRACT ADJUDICATION

• Challenges, opportunities and pitfalls
• Resolution of investment and trade disputes
• Provisional measures
• Emergency adjudicators
• Recognition and enforcement of adjudication awards
• Funding for adjudication and costs, including third party funding

MODULE 5: INVESTMENT TREATY ARBITRATION

• Regulatory and institutional framework
• ISDS – overview and history
• ICSID – jurisdiction: consent
• ICSID – procedural Issues
• ICSID – award and annulment
• ICSID – enforcement and sovereign immunity
• BIT I – models and key content
• BIT II – key procedural issues
• International arbitration as a vision for a pluralistic global society

MODULE 6: INVESTMENT ARBITRATION

• BITS, FTA’s and mega-regionals
• NAFTA
• CAFTA
• ECT – a sectoral FTA/BIT
• CETA, TPP, TTIP and other endeavours
• International courts in crisis
• Growth in international arbitration
• Saving international adjudication through cosmopolitan reconstruction

MODULE 7: SUBSTANTIVE PROTECTION

• Substantive Protection I: expropriation
• Substantive Protection II: fair and equitable treatment
• Substantive Protection III: other rights and government protections
• MFN and umbrella clauses

MODULE 8: BEST PRACTICES

• Active adjudication
• Expert tribunals
• Time limits
• Setting the stage
• Wherever possible, obtain consent
• Questioning witnesses
• Raising issues that have not been addressed

MODULE 9: DISSERTATION

• Independent research on an in-depth examination of a particular area of law