Date and Time:
December 2, 2022 3:00 PM - 6:00 PM
December 3, 2022 11:00 AM - 2:00 PM
Event Location:
Online, India
Description
The course is tailored to empower Corporates with a functional and practical understanding of Arbitration (both domestic and International Commercial Arbitration). The goal is for the attendees to gain practical knowledge on Dispute Resolution, Drafting and Understanding Arbitration Clauses and much more.
Benefits of Attending:
- Understand basics of dispute resolution and arbitration and arbitration process
- Understand how arbitration clauses work and draft better arbitration clauses
- Understand about the Appointment of arbitrator, constitution of arbitral tribunal and practical aspect of arbitration done
- Manage the initial phases of a dispute resolution before commencement of arbitration such as communications with other parties, invocation of arbitration
- Understand Remedies against an arbitral order, arbitral award, execution and enforcement proceedings.
Thought Leaders:
- Sujoy C. Datta
Partner
Aekom Legal - Surekh Kant Baxy
Principal Associate
Aekom Legal - Nishtha Khurana
Senior Associate
Aekom Legal
Knowledge Partner
Event Timelines
Session 1 – Fundamentals of Arbitration as Dispute Resolution
• Introduction to Dispute Resolution
• What to do in case a dispute arises?
• Negotiation/ Conciliation/ Mediation/ Arbitration
• Contours of Domestic Arbitration
• How is it different from International Commercial Arbitration?
• General overview of the Arbitration Process
• Practical understanding of “Seat, Place and Venue”- how these may affect your arbitration, including International Commercial Arbitration.
• Can domestic parties choose a foreign seat?
Session 2 – Drafting and Understanding Arbitration Clauses
• What is an arbitration agreement? Key features
• Drafting arbitration clauses- pitfalls to avoid
• “Exclusive Jurisdiction” vs “Seat” clauses
• Stamping of arbitration agreement: a necessity?
• Working of arbitration clauses in “multi-contract” situations
• Group company doctrine & multi-party/ non-signatory arbitration
Examining the threshold for existence of arbitration agreement under section 8, 9 and 11- Vidya Drolia
Session3– Appointment of arbitrator, constitution of arbitral tribunal and practical aspect of arbitration
• Appointment and eligibility of Arbitrator
• Appointment of arbitrator in International Commercial Arbitration
• Unilateral appointment of arbitrator?
• Challenging the jurisdiction of an Arbitrator
• Arbitrability of fraud
• Giving evidence in Arbitrations
• Interplay of IBC with arbitration
• Interplay of Companies Act with arbitration
• Interplay of MSMED Act with arbitration
Session 4 – Remedies against an arbitral order, arbitral award, execution and enforcement proceedings
• Challenging an arbitral order- where and how?
• Modification of award
• Challenging an arbitral award- when and how?
• “Patent illegality” – an analysis
• “Interim award” – an evolving concept
• Stamping of arbitral award: a necessity?
• Enforcement and execution of an award- a practical look
• Understanding Part II of the Act- NY and Geneva Conventions – Judgments in Vijay Karia (refer to City Cruz, NTT Docomo, POL India, Banyan Tree)
• Enforcement of emergency award Different Arbitral Institutions
