Course Introduction :
When business transactions extend across national borders, organizations inevitably encounter complex legal challenges arising from the diverse legal frameworks of the jurisdictions in which they operate. Consequently, the field of International Commercial Litigation and Arbitration has evolved into a highly intricate discipline, requiring businesses to carefully navigate global legal landscapes and understand the implications these frameworks have on where, when, and how disputes may be resolved.
This training course is designed to equip participants with a strong foundation in both traditional common law principles and rules derived from international conventions that govern international commercial disputes. Furthermore, it offers a comprehensive overview of international commercial arbitration as a preferred mechanism for dispute resolution, with particular emphasis on anticipating and mitigating risks through contractual stipulations, including jurisdictional clauses, choice-of-law provisions, and arbitration agreements.
This International Litigation and Arbitration training course will highlight:
- Understanding the legal framework governing International Commercial Litigation
- Factual scenarios in International Commercial Litigation
- Dispute resolution in oil and gas contracts
- Arbitration process and jurisdiction of the tribunal
- Arbitration awards: challenge, recognition, and enforcement
- Significant recent relevant cases
Course Objectives
At the end of this International Litigation and Arbitration training course, you will learn to:
- Contract formation and International Commercial Litigation
- Legal and policy issues governing International Commercial Litigation
- Dispute resolution methods relevant to oil and gas industry
- An overview to Arbitration
- Practical scenarios and up-to-date case law relevant to oil and gas industry
Course Outline
Day 1 : Understanding the Legal Framework Governing International Commercial Litigation
- Introduction to International Commercial Litigation & Arbitration
- Legal System and Contract Law
- Mandatory Elements of a Legally Enforceable Contract
- Contract Formation
- Interpretation of Contract Terms
- Remedies for Breach & Termination
- Jurisdiction of English Courts: Persons Who Can/Cannot be Sued
- Jurisdiction of English Courts: Bases of Jurisdiction
Day 2 : Policy Issues and Factual Scenarios in International Commercial Litigation
- Jurisdiction of the English Courts: Staying Proceedings
- Provisional Measures and Anti-suit Injunctions
- Choice of Law in Tort
- Choice of Law in Contract
- International Commercial Litigation and Oil and Gas
- Recognition and Enforcement of Foreign Judgments Concluding
Day 3 : Dispute Resolutions in the Oil and Gas Industry
- Dispute Resolutions in the Oil and Gas Industry
- Structure of Arbitration and its Application in the Oil and Gas Industry
- Internationalisation of Arbitration and Sources of Law
- Relevant Laws in Arbitration
- Agreement to Submit to Arbitration
- Effect of an Arbitration Agreement/Breach of an Arbitration Agreement
Day 4 : Arbitration Process and Jurisdiction of the Tribunal
- Initiating an Arbitration, Appointment of Arbitrators and Arbitrators’ Authority
- Jurisdiction of the Tribunal
- Evidence and Procedure
- Confidentiality of Arbitrations
- Assistance of the Courts
Day 5 : Arbitration Awards: Challenge, Recognition, and Enforcement
- Arbitration Awards – Form and Content
- Challenge to Arbitration Awards
- Recognition and Enforcement of Arbitration Awards
- Arbitrations with States
- State Immunity in Arbitration
- Course Conclusion