/ PFT Online Course on
'ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION (INTRODUCTORY COURSE)'
expansion of international trade, particularly in recent decades,
has spawned a large number and type of international disputes. Resolving
those disputes without agreed procedures for doing so, can prove to
be time-consuming, frustrating and even pointless. Although arbitration
was traditionally perceived as serving the interests of industrialized
countries, since the 1970s there has been a surge in the participation
in arbitration by developing countries and emerging economies. It
is there important for lawyers and financial negotiators to be aware
of the issues, problems and institutions involved in the various stages
of international arbitration and alternative dispute resolution. This
course aims to expose the various methods available for the effective
and efficient resolution of international commercial disputes other
than courses, such as arbitration, mediation, conciliation. It will
also provide an overview of the leading national and international
arbitration institutions engaged in providing the services and fora
for the resolution of such disputes.
|| when slots are full
||October 25 to December 17,
||Minimum of 35 hours
||US $ 400/-
||UNITAR Geneva (Course Administration
and Technical Questions)
Objectives and Scope
Justice dispensation system of a country plays a significant role
in its progress and prosperity. If the delivery of justice in a country
is reasonably quick, less expensive, involves less procedural formalities,
devoid of technicalities, based on equity and justice and dependable,
such countries enjoy reliability and better confidence of the international
investing community. The courts or judicial forums established by
the law of the land are sufficient to render the justice. However,
this seldom happens, particularly when a country is in the developing
stage. In developing countries generally the justice dispensation
system is a low priority item. The reason being that it is a non-revenue
generating branch of the State. Thus, out of the scarce resources
of the country, the share of judicial system is often meager. The
absence of the will of the State to devote the attention it deserves,
insufficiency of resources and inadequacy of well trained man power
have serious impact on it. The result is that the cases take unduly
long time to decide and the process becomes very expensive and unreliable.
In spite of these difficulties, when a dispute arises between two
persons belonging to the same country, they generally go to the courts
established by law in that country. This has been the most common
method employed by the citizens of a country for resolution of a dispute
with fellow citizens.
It is when a dispute arises between two persons belonging to two different
countries that the difficulty arises. One option available to the
parties is to go to the domestic courts of either country for the
resolution of that dispute. However, this approach may have its own
problems. The first is the jurisdiction of the courts. The laws relating
to jurisdiction of a country are not made keeping in view transnational
disputes. The other is dissimilarity in the legal system of two countries.
The problem acquires serious dimensions if the country of one party
follows Common Law system and the country of the other party follows
Civil Law system. The next is the choice of law applicable to the
agreement and the consequential dispute between the parties. Availability
of assets of the defendant in that jurisdiction is also a consideration
for the purpose. Apart from these difficulties, the above mentioned
conventional difficulties like undue delay in the dispensation of
justice, complicated procedural formalities, transportation of entire
evidence and witnesses from one country to the other country, high
cost of litigation, judicial imperfection, etc. cannot be ignored.
In view of these and other difficulties, the alternative dispute resolution
(ADR) methods are becoming more popular world wide. They help in generation
of confidence of the international investing community. And if a dispute
arises, they need not depend on the judicial system of that country
and can resort to the alternative dispute resolution methods.
This course is primarily designed for the following audience:
1. Beginners and laypersons - lawyers
and non-lawyers -- who want to learn about arbitration, conciliation,
mediation, etc. as a means for the resolution of commercial disputes
but who are quite unaware or ignorant about their utility, usefulness
and basic principles.
2. Persons belonging to the same
country having a commercial dispute and desiring to settle the
same expeditiously through alternative means rather than going
to the courts of the country.
3. International business organizations
or entities, belonging to different countries, involved in a commercial
dispute. They do not wish to go to the courts of either country
for the resolution of such disputes. How they may get their commercial
disputes resolved through arbitration and other ADR methods? They
will better understand and appreciate the usefulness of alternative
means of resolution of disputes as compared to courts.
4. Those government and private sector
lawyers engaged in providing legal services to the business community
and have to advise them on the resolution of international commercial
disputes. It is much faster, less expensive and has less procedural
complications to resolve disputes through arbitration and other
ADR means rather than the courts.
5. The government officers and public
sector managers who enter into contracts with international suppliers
for the fulfillment of their requirements. Such contracts often
contain a clause for the resolution of disputes through arbitration
and other ADR methods.
At the end of the course, the course participants should have greater
1. Various methods available for
the effective and efficient resolution of domestic and international
commercial disputes other than courts, such as arbitration, mediation,
conciliation, etc., and how to avail of the said facility and
the procedure to be followed for the purpose.
2. The national and leading international
arbitration institutions engaged in providing the services for
the resolution of international commercial disputes and their
rules of procedure.
At the beginning of each module, this
course offers a set of learning objectives so as to enable the course
participants to know what they will learn from that particular module/session.
This course is designed as an online course in which participants
will be primarily responsible for their own learning. Each lesson
will consist of the following components:
1) Basic Reading
Materials (Compulsory Reading Materials):
these materials are intended to educate the participants about
the basic concepts and principles applicable to the subject-matter
of the lesson. It will include, where appropriate, sample materials.
These materials will constitute the required reading materials
for the lesson
2) Advanced Reading
Materials (Optional Reading Materials):
this will consist of optional reading materials for participants
who wish to learn more about the topic than what is covered in
3) External Links:
This will refer the interested participants to additional books,
articles, documents, and websites that deal with the issues raised
in the lesson.
A glossary of terms tailored
to the online course will be provided to the participants and
act as a learning support during the entire course.
At the end of each lesson there will be a set of quizzes for participants
to answer. These quizzes are designed to test the participant's
understanding of the lesson. Participants are required to pass
each quiz and obtain at least 80% or more passing grade in order
to be eligible for a certificate. All quizzes will need to be
6) Community Discussion
Board: There will be a
community discussion board available on which participants can
post questions or comments that can be seen by the instructor
and the other participants. This discussion board will be moderated
by the course director and UNITAR. Structured discussion strings
will be posted on a weekly basis.
All successful participants will be
eligible to a certificate after completion of this online course.
Module 1: NEED FOR ALTERNATIVE DISPUTE RESOLUTION
2: KINDS OF ALTERNATIVE DISPUTE RESOLUTION METHODS
3: INTERNATIONAL ARBITRAL ORGANIZATION
4: AGREEMENT FOR ALTERNATIVE DISPUTE RESOLUTION
5: DRAFTING AGREEMENTS/CLAUSES
6: ARBITRAL TRIBUNALS