Dubai International Arbitration Centre (DIAC) · transactions, the Dubai International Arbitration Centre (DIAC) and Centre for Transnational Law (CENTRAL), Cologne University, Germany,

In Association with

*Optional Evening workshop 22nd September 2013 on legalterminology and procedures designed for non-lawyer maincourse participants that feel they need to attend

Dubai International Arbitration Centre (DIAC)

In association with

Center for Transnational Law (CENTRAL) University of Cologne, Germany

Organizing a training course on

Practical Techniques for HANDLING INTERNATIONALCOMMERCIAL ARBITRATION CASESDubai, 23rd - 25th September 2013*

INTRODUCTION

In response to the widespread use of arbitration for resolving disputes in international business and economic transactions, the Dubai International Arbitration Centre (DIAC) and Centre for Transnational Law (CENTRAL), Cologne University, Germany, organised a course to provide an introduction to international commercial arbitration and practical techniques for handling arbitration cases. This popular and well-attended course is now in its 5th year. Please note that this year the course has been updated with new topics and techniques, different from previous years. Attendees of previous courses can now attend and gain new insights into changes and advances in arbitral issues and procedures.

OPTIONAL PRE-COURSE EVENING WORKSHOP: LEGAL TERMINOLOGY AND PROCEDURES

International commercial arbitration remains a practical and efficient means of dispute resolution for business and trade world-wide. However, as practical as it is, international commercial arbitration requires some rules and norms in order to have the predictability and certainty that business requires. Some arbitrators and representatives who are not lawyers have found it challenging to concentrate on the practical, hands-on scenarios and mock arbitration work used in this course because they are unfamiliar with the basic legal framework of international commercial arbitration. As a result, some former participants have requested a pre-course workshop to become familiar with the legal concepts that will be used in the course. In this optional pre-course workshop we will explain the source, scope and effect of various laws and rules (statute vs. private; mandatory vs. non-mandatory) that bear on international arbitration.

Please note that this pre-course workshop is a basic level familiarization course aimed primarily at non-lawyers who have not had significant experience in presenting or arbitrating international arbitration cases and who feel they lack familiarity with legal terminology.

This pre-course workshop is only open to participants of the main, 3-day course and has a nominal extra charge.

22 September 2013 - Optional pre-course workshop

17:30 - 18:45 Basic overview of the effect, significance and scope of arbitration laws, arbitration rules, best practice rules such as the IBA Rules on the Taking of Evidence in International Arbitration

18:45 - 19:00 Refreshment break

19:00 - 20:00 Definition and description of specific legal terms and procedures used in this course; questions, discussion and concluding remarks

SYNOPSIS of the 3-DAY COURSE

In brief, the course lays out the basics of arbitration and other forms of ADR, which is designed with the aim of expanding the participants’ education in the field of International Commercial Arbitration and further contributing towards their self-development in becoming a prospective arbitrator or expert witness. The course is ideal

for lawyers, government officials, business executives, advanced young practitioners and others wishing to familiarize themselves with the different dispute resolution techniques.

The Course will consist of three all-day interactive workshops & mock exams, which introduce the unique aspects of international commercial arbitration. The course is up-dated this year from the previous years, taking into account the new focus on interim measures (including emergency arbitrator provisions), the challenge of arbitrators and more guidance on written advocacy as well as oral. Also new this year- case management techniques will be canvassed, including the use and legal effect of Terms of Reference.

This is a unique opportunity for practitioners who wish to develop their skills in commercial arbitration; this is particularly so since the course is based on highly practical and highly interactive teaching concepts. Participants will get a very realistic picture of the practice of international arbitration. You get the rare opportunity to improve your skills and knowledge in both the law and practice of international commercial arbitration under the guidance of highly experienced professionals.

• Thecoursewillbebasedonacasescenariowhichwillbedistributedtoparticipantstwoweeksbeforethestart of the course: while the books, included with the price of the course, are the same as in previous years, the situations presented and topics under focus will be different.

• Youwillgetactivelyinvolvedinallstagesofarealinternationalarbitration.

• Youwillhavethechancetopleadorexaminewitnesseswithinstantfeedbackfromtheworkshopleaders.

• Participantswillreceiveauniqueopportunitytopracticeoralpleadingsandtheexaminationofwitnesses.

• Participantswillalsogetexpertguidanceonframinganddraftingwrittenpleadingsandsubmissions.

• Participantswillbesplitintogroups,«representing»theclaimantandtherespondent,andarbitrators.

• Livelydebatesevolvedbetween«counsel»and«arbitrators»concerningthe legal issuesandfactsof thecase scenario.

• Issues related to the constitution of the arbitral tribunal, challenge of arbitrators, case managementtechniques, conflict of laws and the relationship between party autonomy and proactivity of arbitrators, the role of arbitral institutions and interim measures will be discussed during the course.

• Youcanwatchyourworkshopleadersperformasarbitratorsorcounselinthesamecaseonvideo.

• Intheeveningyouhavetheopportunitytochatwiththeworkshopleadersduringthesocialevents.

The course outline is as follows:

•DisputeResolutionClause,GoverningLaw,ChoosingArbitrators,CaseManagementTechniques,RoleofArbitralInstitution,CaseAnalysis,Strategy/Tactics,RequestforArbitration/Answer,WritingMemorials/Briefs

09:00 - 09:30 Introduction into Written Advocacy in Int’l. Arbitration

09:30 - 10:00 Jurisdiction of the Tribunal

10:00 - 10:45 Group Work: Preparation of Opening Statements on Jurisdiction

10:45 - 11:00 Coffee Break

11:00 - 12:00 Exercise: Opening Statements on Jurisdiction

12:00 - 12:30 Introduction into Challenge of Arbitrators

12:30 - 14:00 Lunch Break

14:00 - 14:30 Group Work: Preparation of Pleading on Challenge

14:30 - 15:00 Exercise: Pleading on Challenge of Arbitrator


15:20 - 16:00 The Merits of the Case

16:00 - 16:45 Group Work: Preparation of Opening Statements on the Merits

16:45 - 17:30 Exercise: Opening Statements on the Merits

17:30 - 18:00 Video Analysis from DVD

09:00 - 09:15 Introduction

09:15 - 09:45 The Case

09:45 - 10:30 Starting the Arbitration


11:00 - 11:30 Introduction into Case Management in Int’l. Arbitration

11:30 - 12:00 Group Work: Preparation of Case Management Meeting

12:00 - 12:30 Exercise: Case Management Meeting


14:00 - 14:30 Terms of Reference: Purpose and Concept

14:30 - 15:00 Introduction into Oral Pleading in Int’l. Arbitration


15:20 - 15:45 Interim Measures in Int’l. Arbitration

15:45 - 16:30 Group Work: Preparation of Hearing on Interim Measures

16:30 - 17:00 Exercise: Opening Statements on Interim Measures

17:00 - 17:30 Types of Interim Measures, Emergency Arbitrator

09:00 - 09:15 Introduction into the Taking of Evidence in Int’l. Arbitration

09:15 - 09:45 Introduction into Witness Evidence

09:45 - 10:45 Group Work: Preparation of Hearing of Witnesses


11:10 - 12:30 Hearing of Witnesses


14:00 - 14:20 Video Analysis from DVD

14:20 - 15:00 Introduction into IBA Rules on Taking of Evidence 2010 and Request to Produce under Art. 3

14:30 - 15:00 Tribunal’s Deliberations/Dissenting Opinions


15:20 - 16:10 Group Work: Preparation of hearing on document production

16:10 - 16:45 Hearing on Document Production, Deliberation and Procedural Order by Tribunal

16:45 - 17:00 The Final Award

17:00 - 17:15 Concluding Remarks

Day One Day Two Day Three

SCHEDULE

•WrittenandOralPleading,OpeningStatements,ClosingSpeech,DeliveryTechniquesandtheArtofPersuasion, Legal Submissions, Challenge of Arbitrators, Advocacy Practises in International Arbitration, Interaction with the Tribunal and Opposing Counsel

•Interimmeasures,PresentationofEvidence,Documents,Witnesses,Experts,InspectionoftheSubject-Matter, IBA-Rules, Contrasting Common Law and Civil Law Techniques

•ProceduralOrders,AwardsonJurisdiction,PartialAwards,FinalAwards,AwardsonCosts,TerminationOrders, Settlements,)

WORKING LANGUAGE OF THE COURSE

English

COURSE INSTRUCTORS

•ProfessorDr.KlausPeterBerger,LL.M.,CenterforTransnationalLaw,UniversityofCologne;President,German Institution of Arbitration (DIS)•Mr.VictorLeginsky,CharteredArbitratorandCEDR-certifiedMediator,B.Ed.,J.D.,FCIArb(DIACListed Arbitrator), Dubai, UAE

COURSE FEES:

AED 6,500 or $1,800

Fees include:

•Lunch and coffee breaks each day;•DIAC/CENTRAL- Attendance Certificate;•Course material, which include:

- Copyofthecasebook«ArbitrationInteractive»includingDVDRomandaCENTRAL/DIS-AttendanceCertificate.- Copyofthecasebook«PrivateDisputeResolution»2VolumesincludingDVDRom.- Printed course materials and workshop scenarios.

*OPTIONAL PRE-COURSE EVENING WORKSHOP FEES:

AED500or$136.75(notaxesorVAT)

Fees include:

•Refreshment break;•Course material comprising printed course materials summarising the basics of the law and rules used in international commercial arbitration.

IMPORTANT INFORMATION

Venue: Dubai Chamber of Commerce & Industry, 2nd Floor;

•Thecoursewillbeconductedfrom9:00AMto6:00PMeachdaywitha90minutelunchbreak;•Payment is due in full upon receipt of the registration form•Furtherdetailswillbesenttoallparticipantsafterregistration.

PARTICIPATION & PAYMENT TERMS

•Once the form is sent you will receive an email confirming your status as applicant.•The number of participants is limited to 40.•Payment can be done via Cash, Cheque or Bank Transfer.•Payment via Cheque or Bank Transfer should be faxed to Dubai International Arbitration Centre:Fax:+97142028669with48hoursofsendingtheformtoconfirmparticipation.•The last day to register is 8th September 2013.•Furtherdetailswillbesenttoallparticipantsaftertheyhaveregisteredforthecourse.

CANCELLATION

•50% will be refunded, if cancellation is done 25 days prior to the event.•No refund, if cancellation is done 14 days prior to the event.•All the days referred to as, working days.

REGISTRATION

Kindly register by returning the attached registration form with a detailed curriculum vitae and the applicable fee.

Dubai International Arbitration Centre (DIAC)Dubai Chamber of Commerce & Industry, Building- 14thFloorEvents Department P.O. Box 1457 - Dubai, UAE Tel:+97142028343/270Fax:+97142028668/669E-mail: [email protected] www.diac.ae