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Intended
Audience:
Judges, judicial officers and court administrators.
Course
Objectives:
This one week intensive course is designed specifically for judges. As international commercial arbitration becomes more complex and is increasingly used as a means of resolving disputes, judges are faced with diverse challenges and they need the knowledge and skills to respond to them. The course is designed to provide participants with a deep insight regarding the latest legal developments on important issues involving arbitration and its intersection with domestic courts.
Course
Outline
International Commercial Arbitration for Judges
- History of common law arbitration permitted by courts.
- National statutes and institutional rules requiring an arbitration agreement to be in writing; Doctrine of competenz/competenz on jurisdiction.
- Doctrine of separability; Scope of arbitration clauses.
- Can courts join non-signatories in arbitration?
- Court determination whether arbitral clause unfair or against national policy.
- Anti-suit injunctions issued by courts to prevent parties from litigating in foreign forums.
- Court assistance for interim relief at the outset of arbitration; challenge to arbitrator while arbitration is in progress.
- Assistance in discovery in aid of arbitration.
- The statutory and treaty standards for enforcement of awards; Time constraints for setting aside or enforcing awards.
- Court review of terms of final award.
- May courts enforce vacated international awards.
- Vacating awards on the grounds of evident partiality, misconduct, serious irregularity or exceeded powers.
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