Richard Butler Arbitration Courses

Arbitration Courses

Here is the outline of a two-day international arbitration course run a number of times for leading law firms

A tutor led plenary drawing out the principal differences between ICC and LCIA institutional arbitration procedures and arbitration under the UNCITRAL rules.

A tutor led Plenary explaining the case analysis technique to be used.
Case Analysis - Group Work
Dividing into groups, delegates will conduct a case analysis on the case study, 1 group acting for the claimant and 1 for the respondent.
Lunch

A plenary debate, facilitated by the tutor, based around a series of short vignettes raising ethical issues. Delegates will be expected to contribute views on the attitudes likely to be taken by practising lawyers in their own jurisdiction to the issues raised.
To conclude with a straw poll on the truth of the proposition:
"The differing ethical codes of lawyers in the countries represented make "ethics shopping" a real option for a client minded to take advantage of these differences."

A tutor led plenary covering terms of reference in ICC arbitration and procedural orders in international arbitrations generally
Tea

Delegates will, in their teams, prepare:
(a) Terms of reference
(b) Drafts of the procedural orders which will be sought in the case on behalf of their clients

The tutor will facilitate a brief reflection on the day's activities and explain the following day's activities
End of Day 1

Delegates will be presented with draft procedural orders put forward by the arbitral tribunal for party consideration. Delegates will consider:
(a) the advantages and disadvantages of the proposed procedures;
(b) where they think that the procedures are disadvantageous to their client, they will formulate alternatives, with reasons for favouring their alternative proposals; and
(c) where they think that the procedures are advantageous to their client, they will formulate reasons for favouring them.

A video demonstration of a procedural hearing conducted by experienced advocates from different legal traditions, followed by a critical discussion.
Coffee

Delegates will prepare for a contested preliminary hearing in which the jurisdiction of the tribunal is challenged.
Challenge to Jurisdiction - Group Work
Delegates will represent either the claimant or the respondent before the tribunal on the challenge to jurisdiction.
Lunch

A tutor led plenary on recognition and enforcement of arbitral awards under the New York Convention.
Recognition and Enforcement of Arbitral Awards - Group Work
Presentations from each represented jurisdiction, based around a number of summary awards given in the case, describing:
(a) The likely attitude of their local courts to the recognition and enforcement of the awards in question.
(b) The procedures which would need to be followed in order to have the award enforced and to challenge the award in their local courts.
(c) The likely timescale for recognition and enforcement where there is no challenge and where there is a challenge.

The tutor will facilitate a review of the course, what has been learned and its practical application to the practices of the delegates