This is now a past event

Monday, August 18, 2008 - Tuesday, August 19, 2008

Asia
Complex Commercial Litigation

Asia Pacific Centre for Continuing and Professional Development Training Courses

Singapore, Singapore

With rapid globalization and technological advances, modern day commercial disputes are getting increasingly complex and international in nature.  Conventional methods of dispute resolution are no longer sufficient to keep up with the pace of these changes and are also evolving to meet new circumstances.  Litigation, traditionally the stronghold of dispute resolution and lawyers, is getting increasingly expensive and legalistic.  In many countries, it is also slow and cumbersome as a result of backlog and appeals.  As a result, business people are turning to and embracing alternative forms of dispute resolution, such as arbitration, mediation and negotiation, to resolve their commercial disputes.

This 2-day course focuses on such alternative forms of dispute resolution, principally, arbitration and mediation.  It gives a clear and concise overview of such mechanisms of dispute resolution without being overly-technical.  The course will equip attendees with a basic working knowledge of these mechanisms so that, in drafting commercial contracts and handling disputes on behalf of their organizations, they will be able to intelligently manage these disputes and find the most practical method of expeditiously and economically resolving them, in consultation with their legal advisers.

DAY 1

I. OVERVIEW
• Introduction to different modes of dispute resolution
• Basic understanding of litigation process
• Achieving commercial objectives

II. MEDIATION
• Principles of mediation
• Lawyers’ role in mediation
• Arranging a mediation
• Preparing for mediation
• Opening presentation
• Caucusing
• Negotiation
• Concluding a settlement
• Enforceability of settlement

III. ADJUDICATION AND EXPERT DETERMINATION

DAY 2

IV. ARBITRATION
• Historical overview
• Why arbitrate?  Perceived advantages of arbitration
• Key features of arbitration
• Difference between international and domestic arbitration
• The arbitration agreement – how to draft a valid and enforceable arbitration agreement
• Distinction between institution and ad hoc arbitration
• Laws applicable to arbitration
• Constitution of the Arbitral Tribunal
• The costs of conducting an arbitration – arbitrators’ fees, administration fees, legal fees
• Powers, Duties and Jurisdiction of Arbitrators
• Conduct of arbitral proceedings – preliminary meetings; preliminary issues
• Written Statements and Written Submissions
• Evidence
• Hearings
• Role of the national courts
• The Award
• Challenge of arbitral awards
• Recognition and Enforcement of Arbitral Awards
• Investment treaty arbitrations