Name: Introduction To Executive Certificate in Arbitration: Strategy, Procedure, and Drafting Course in Washington | Henry Harvin
Uploaded: 2024-07-02 19:16:51
Description: Learn arbitration strategy, procedure, and drafting from Henry Harvin® to attain skills in drafting, arbitration agreements, and arbitration proceedings | Learn statements of claims, determination of loss, and much more

Module 1: Arbitration Agreement and Clause
How to draft an arbitration clause
- Arbitration agreement under the Arbitration and Conciliation Act, 1996 (Arbitration Amendment Act, 2015)
- Dispute resolution and arbitration clause variations
- Strategic elements in arbitration clauses: Venue vs. seat, applicable Rules, jurisdiction, fees, timelines, qualification of arbitrators, prior mechanisms, etc.
- Who should appoint?
- Arbitration by reference
- Severability of the arbitration clause from the main contract: practical implications
- Institutional arbitration clauses
- Costs and impact of 2015 and 2019 Amendments
- When is arbitration beneficial (or not helpful)?
- Disadvantages of default arbitration clause
- Impartiality of the Arbitrator
- Government Contracts
- - Bargaining power with the Government
- - Negotiating with the Government
- - Unfair or one-sided contracts
Module 2: Initiation of Arbitration Proceedings
How to initiate arbitration/ draft a notice of commencement
- Framing of the dispute
- Exhaustion of consultative mechanisms
- Initiation of institutional arbitration proceedings
- Appointment of arbitrator and methods of appointment
- The challenge to the appointment of an arbitrator
- Disclosure of conflict of interest by arbitrator
- Claims of the party
- Despatch/ service of notice of commencement
Arbitrability
- Which disputes are arbitrable?
- Grounds for challenging arbitrability/ validity of the arbitration clause
- Termination of the arbitration proceedings.
- How to distinguish arbitrable claims from statutory claims
- Validity of online arbitration
- When to use fast-track and appellate arbitration
Module 3: Drafting and Filing a Petition for Appointment for Arbitrator
Common methods to appoint a sole arbitrator/ arbitral tribunal
- As per the arbitration clause
- In the absence of specification under the arbitration clause
- What if parties don’t operate as per contract?
- Appointment in case of institutional arbitration
- How to approach and obtain confirmation from the arbitrator
- Powers of the arbitral tribunal
- Grounds for conflict under Arbitration and Conciliation Act, 1996 (Arbitration and Conciliation Amendment Act, 2015)
- Where to file the petition - Pre and Post 2015-Amendment contracts
- Waiver of rights
Module 4: Interim Measures
How to draft Section 9 petitions
- Types of interim measures u/s 9 and powers of Tribunal
- What is an interim injunction in Arbitration and what kind can one pray for?
- Which interim measures cannot be claimed?
- Law on interim measures
- How to identify interim measures
- Interim measures by arbitrator (Section 17) vs. court (Section 9)
- When to file a Section 9 petition
- Where to file
- How to select a counsel for filing
- Evidence and annexures in a Section 9 petition
- Remedies if your Section 9 petition is rejected
Interim measures by tribunal
- When to seek relief under Section 17 of the Arbitration and Conciliation Act
- Difference between Section 9 and 17 (post-amendment scenario)
- Powers of the tribunal under Section 17
Module 5: Drafting and Filing a Petition for Appointment of Arbitrator
Common methods to appoint a sole arbitrator/ arbitral tribunal
- As per the arbitration clause
- In the absence of specification under the arbitration clause
- What if parties don’t operate as per contract?
- Appointment in case of institutional arbitration
- How to approach and obtain confirmation from the arbitrator
- Powers of the arbitral tribunal
- Grounds for conflict under Arbitration and Conciliation Act, 1996 (Arbitration and Conciliation Amendment Act, 2015)
- Where to file the petition - Pre and Post 2015-Amendment contracts
- Waiver of rights
Module 6: Statement of Claims
How to draft a statement of claims
- Identification of substantive obligations that are breached
- Reference to the arbitration clause
- Exhaustion of other remedies
- Attachment of annexures
- Court fees
- General drafting and formatting requirements
- How to draft the prayer
- Determination of loss (opportunity loss, loss of profit, goodwill, and reputation)
- Determination of your claims
- Limitations - Statement of claims should not be time-barred
- Annexures
Module 7: Statement of Defense and Counterclaim
How to draft a statement of defense
Pointers for drafting a counterclaim
- What are the claims the opposite party can ask for?
- How to reply to a counterclaim?
- Rejoinder and reply
Module 8: Evidence By Parties
Oral hearings, Documentary Evidence, and Written Proceedings
- Importance of leading evidence
- Affidavit of Admission/Denial by Parties
- Criteria for identification of witnesses - expertise, key personnel, credibility and credentials, non-signatories
- Number of witnesses
- Exclusion of oral hearings and fast-track arbitration
Evidence by affidavit
- What facts need to be led through an affidavit
- How to draft the affidavit
Module 9: Execution of Arbitral Awards
Execution of arbitral award
- How to draft an execution petition
- Domestic award
- Foreign award
- International commercial arbitrations
Module 10: Conciliation and Mediation
Introduction to Conciliation and Mediation
- Definition
- Procedure
- Appointment of a mediator/conciliator
- How to draft terms of settlement under Conciliation/Mediation
Complimentary Module 1: Soft Skills Development
- Business communication
- Preparation for the Interview
- Presentation Skills
Complimentary Module2: Resume Writing
- Resume Writing

Know the complete offerings of our Executive Certificate in Arbitration: Strategy, Procedure, and Drafting Course

Executive Certificate in Arbitration: Strategy, Procedure, and Drafting Course in Washington

23 Dec 2024

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Know the complete offerings of our Executive Certificate in Arbitration: Strategy, Procedure, and Drafting Course in Washington

About Executive Certificate in Arbitration: Strategy, Procedure, and Drafting Course in Washington

Executive Certificate in Arbitration: Strategy, Procedure, and Drafting Course

AGOTA™ Framework

Trainers at Henry Harvin®

Alumni Status

Gold Membership Benefits

Learning Benefits

Key Highlights

48 Hours of Instructor-Led Sessions

16 Hours of Live Interactive Doubt Solving Sessions

8 Hours of Live Master Sessions by Industry Experts

192 Hours of Self-Paced Learning

Job-Ready Portfolio of 4 Capstone Projects

16 Auto-Graded Assessments

4+ Industry Case Studies

72 Guided Hands-On Exercises

4+ Assignments and Mini Projects

3 Mock Interviews and 4 Hackathons

Get 1 Year of Gold Membership of Henry Harvin® School of Legal Studies

Get a guaranteed Internship with Henry Harvin® and in top MNCs like J.P. Morgan, Accenture & many more via Forage

4 Hours of Mentorship by Industry Experts

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Curriculum For Executive Certificate in Arbitration: Strategy, Procedure, and Drafting Course in Washington

Module 1: Arbitration Agreement and Clause

Module 2: Initiation of Arbitration Proceedings

Module 3: Drafting and Filing a Petition for Appointment for Arbitrator

Module 4: Interim Measures

Module 5: Drafting and Filing a Petition for Appointment of Arbitrator

Module 6: Statement of Claims

Module 7: Statement of Defense and Counterclaim

Module 8: Evidence By Parties

Module 9: Execution of Arbitral Awards

Module 10: Conciliation and Mediation

Complimentary Module 1: Soft Skills Development

Complimentary Module2: Resume Writing

Admission Closes On 23 Dec 2024

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Starts in 5 day. 23 Dec 2024

Skills Covered

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Get Ahead with Henry Harvin® Executive Certificate in Arbitration: Strategy, Procedure, and Drafting Course in Washington Certification

What you'll Learn in this course

General drafting and formatting requirements

Determination of loss (opportunity loss, loss of profit, goodwill, and reputation)

Arbitration agreement under the Arbitration and Conciliation Act, 1996 (Arbitration Amendment Act, 2015)

Dispute resolution and arbitration clause variations

Severability of the arbitration clause from the main contract: practical implications

Costs and impact of 2015 and 2019 Amendments

Initiation of institutional arbitration proceedings

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