International Arbitration

About the Course

  Why every lawyer needs to learn about Arbitration?

1.    Most transactions nowadays are cross-border as the economy becomes more and more integrated.

2.    This makes arbitration the go-to mode for resolving disputes arising from these cross-border transactions.

3.    If you do not have previous knowledge about arbitration, then you will struggle to know whether the arbitration clause in your agreement would be tailored enough for disputes arising from such a transaction.

4.    There are many issues that the corporate counsel should know about arbitration in order to draft a tailor-made arbitral clause under these transactions. Examples are listed under my article on "Midnight Clauses"

5.    No one can afford to be too specialized in the Egyptian Market. You might be a corporate counsel but you will probably get asked frequently to assess an arbitration agreement in numerous types of agreements. This requires that even corporate counsels should be equipped with a minimum amount of knowledge about arbitration.

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Session #

Outline

Session [1]

Introduction to Arbitration

Ø  What is Arbitration?

Ø  Arbitration vs. Other Forms of Dispute Resolution.

Ø  Advantages and Disadvantages of Arbitration.

Ø  Ad Hoc vs. Institutional Arbitration.

Session [2]

Arbitration Agreements in Theory

Ø  Doctrine of Separability.

Ø  Doctrine of Competence-Competence.

Ø  Principle of Arbitrability.

Ø  Arbitral Clause vs. Submission Agreements.

Session [3]

Applicable Law & Seat in Arbitration

Ø  The Seat of Arbitration.

Ø  The Applicable Law & Rules.

Ø  Ex Aequo et Bono.

Session [4]

Arbitration Agreements in Practice

Ø  Pathological Arbitration Agreements.

Ø  Unilateral Arbitration Agreements.

Ø  Practical Exercises on Drafting Arbitration Agreements.

Session [5]

The Arbitral Tribunal

Ø  Appointment of Arbitrators.

Ø  Impartiality & Independence of Arbitrators.

Ø  Challenges of Arbitrators.

Session [6]

Arbitral Proceedings

Ø  Arbitral Hearings.

Ø  Due Process and Equality between the Parties.

Ø  Taking of Evidence in Arbitration.

Session [7]

Annulment of Awards

Ø  Annulment in Arbitration vs. Appeal in Litigation.

Ø  Scope of Review in Annulment Lawsuits.

Ø  Grounds for Annulment.

Session [8]

Enforcement of Arbitral Awards

Ø  National Awards vs. Foreign Awards.

Ø  Scope of Review by the National Courts.

Ø  The New York Convention in Action.

Session [9]

Special Arbitration Issues in Egypt

Ø  Ministerial Approval in Administrative Contracts.

Ø  Transfer of Technology.

Ø  Challenge of Arbitrators.

Ø  Public Policy in Egypt.

Ø  Application of New York Convention by Egyptian Courts.

Session [10]

Written Advocacy in Arbitration

Ø  Practical Exercises on Written Advocacy in International Arbitration.

 


Price

3000 L.E

Certified by

MPL Legal Academy & The British University in Egypt (BUE) - Centre for Community and Consulting Services (CCCS)

Duration

30 h