What is the duration of the Arbitrator Training Program?

The duration of the course is 3 months. The certification course focuses on providing the required practical and theoretical knowledge for arbitrators to function effectively and excel in the field.

Who can apply for the Arbitrator Training Program online course?

The certification course can be applied by Litigators and lawyers and technical, functional, and industry experts who are looking to build their profile as appointed arbitrators without a law background.

What is the training methodology for the Arbitrator Training Program certification course?

The course offers 24/7 access to basic study material, hard copy study material, 2 practical exercises 1 assignment every week, live online classes, live doubt clearing, placement and client opportunities and referrals.

What are the timings of the Arbitrator Training Program online course?

The certification programme provides convenient and flexible class timings. The classes are held after regular work hours and are mostly on Sundays or 8-9 pm on other days at a pre-notified time.

Do students will get study material in hard copy for the Arbitrator Training Program certification course?

Yes, the students will receive a printed hard copy of the study material as well as digital access to the entire study material. They will also have access to updated content online for 3 years.

Arbitrator Training Program by LawSikho: Fee, Duration, How to Apply

Arbitrator Training Program

LawSikho

Learn practical knowledge on procedural and evidentiary issues in arbitration proceedings with Arbitrator Training Program certification by LawSikho

Online

3 Months

₹ 42000

Inclusive of GST

particular	details
Medium of instructions English	Mode of learning Self study, Virtual Classroom	Mode of Delivery Video and Text Based	Frequency of Classes Weekdays, Weekends

particular

details

                                    Medium of instructions
                                    English

                                    Mode of learning
                                    Self study, Virtual Classroom

                                    Mode of Delivery
                                    Video and Text Based

                                    Frequency of Classes
                                    Weekdays, Weekends

Introduction To Arbitration In India

What is an alternate dispute resolution mechanism
Overview of the Arbitration & Conciliation Act
Understanding what are arbitrable and non arbitrable disputes
How to read and interpret an arbitration clause
Understanding validity of an arbitration agreement
Understanding the scope of arbitration
Understanding concepts of venue vs. seat, jurisdiction and governing law
Institutional Rules of arbitration and framing rules in ad hoc arbitrations
Navigating substantive law of a foreign country
Arbitration Council of India and its procedures
Appointing presiding arbitrator in case of a tribunal & acting as presiding arbitrator

Stages In An Arbitration Proceeding

Appointment of arbitrator by court/arbitral institution/parties to the agreement
Assuming/ recusing role as an arbitrator
Pleadings of parties - Statement of Claim & Statement of Defense
Amendment of pleadings and when to allow
First procedural hearing and deciding the timeline for hearing
Inspection and discovery of documents by the parties
Acceptance/denial of the documentary evidences by the parties
Opening arguments and preliminary objections
Framing of issues
Applications & Hearings for interim awards, protections and relief
Taking evidence evidence on affidavit; examination-in-chief, and cross of witnesses of the parties
Calling of Expert witnesses and examination
Court involvement for recording of evidence
Closing Arguments of parties
Accepting written submission from parties
Drawing up Arbitral Award
Effective and timely communication of the Award
Termination of mandate of an arbitrator
Extension of time for passing of arbitral award
Correction of arbitral award of an order passed by Court
Post arbitration proceedings - enforcement, application to set aside orders and appeal

Appointment As An Arbitrator In Ad-hoc Arbitrations

Notice invoking arbitration u/s 21 of the Act
Procedure for appointment of arbitrator by mutual consent of parties
Filing of S 11 applications for appointment by Court order
Appointment post S8 applications in an already pending dispute
Acceptance of appointment by arbitration and commencement of proceedings
When should you recuse/decline to be appointed as an arbitrator? What constitutes conflict of interest?
How to provide declaration of no conflict to be appointed as an arbitrator
Arbitrator’s fees as per the Statute/ as per the court order/ to be determined by the Arbitrator?
What to do in case you are appointed by a court?
How to communicate with the parties? Equal treatment of the parties, how to avoid any allegations of bias?
Initiation of settlement and involvement in settlement proposals
Confidentiality of the deliberations

Institutional Arbitations

Different institutions conducting arbitrations in India
Arbitration rules of Indian Chamber of Commerce Council of Arbitration, India International Arbitration Centre (IIAC) etc
Panel of arbitral institutions and appointment
How to apply institutional rules of arbitration in ad hoc arbitrations

Initiating Proceedigns as an Arbitrator

How to conduct the first procedural hearing and create an effective hearing schedule
Model hearing schedule
Understanding the timelines for different stages of arbitration process and breach thereof: Consequences
Role of limitation in arbitration proceedings

Drafting Arbitral Minutes and Orders on the Date of Hearing

How to draft daily orders and minutes of the arbitral proceedings
Appointment of transcriber/stenographer for the proceedings
Samples of standard orders of arbitrators
How to decide and write orders dismissing or accepting challenge to jurisdiction

Preliminary Objections To Arbitrator’s Jurisdiction

Understanding challenge to the jurisdiction of the Arbitrator u/s 17 of the Arbitration & Conciliation Act and how to navigate the same
Procedure for challenging appointment of an arbitrator and grounds for challenge u/s 12 & 13 of the Arbitration & Conciliation Act
Understanding key grounds for challenge of jurisdiction- nature and scope of the proceedings

How To Review The Pleadings And Applications Of Parties

How to read a Statement of Claim and Statement of Defence
When to allow filing of replications and rejoinders
When to grant an opportunity to amend the Statement of Claims/ Defence
How to frame issues for the arbitration proceeding and stage of framing
When can interim relief applications be filed before Arbitrator- how to navigate the same
What to do when one of the parties stops complying with the orders/ instructions?

How To Take Documentary Evidence In Arbitral Proceedings

Documentary evidence in respect of contractual matters and how it is to be adduced
Process of documents discovery and inspection by the parties
Acceptance and denial of the documentary evidence by the parties
Effects of non-stamping
Exchange of Evidence on Affidavit by the parties
Effect of non filing of evidence by any of the parties
Permissibility of oral evidence in contractual matters

Conduct Of Arbitrator During Examination Of Witnesses

Call for Witnesses
Role of arbitrator during examination in chief and cross examination of witnesses
What kind of questions are to be asked in examination-in-chief
Tendering of evidence
What questions should be disallowed by the arbitrator?
How to deal with objections to questions asked by counsel of the other side
Conducting cross examination of witnesses- leading questions
Concept of hot-tubbing
Role of party-appointed and tribunal-appointed experts, the qualifications required for experts
The principles governing the examination of expert evidence.
Taking assistance of jurisdictional courts in taking evidence under Section 27 of the Arbitration and Conciliation Act

Appreciation of Evidence

How to appreciate evidence in view of the Indian Evidence Act
Power to call for documents and witness
Necessity of certificate under Section 65B of the Evidence Act for electronic evidence
Exercise: Oversee a mock examination in chief and cross examination of a witness as an arbitrator

Basic Legal Principles of Contract

Elements of a valid contract
What is Contractual breach and remedies of breach
Calculation of Damages, Restitution, Compensation
Interest calculation
Mitigation of loss
Quantum meruit and other principles and Key concepts under the Indian Contract Act
Arbitrator not bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872)

Principles of Natural Justice And Ethics of Arbitration

Impartiality of arbitrator and conduct in proceedings
Rule against bias
Right of fair hearing to parties
Resolving conflict in oral hearings

Key Concerns in Arbitration Proceedings in Special Scenarios

Fast-track arbitrations
Virtual hearings
Documents-only arbitration

Rules for Arbitral Awards And How to Draft Them

Time limit to make the award
How to write an interim award
How to write a final award
What substantive laws to apply while deciding the award?
How to ensure that the award does not violate conditions of public policy and other requirements under the law of the seat
Settlement of a dispute - arbitrator’s role
How to pass an award on settlement of parties
What should be the form and contents of the award?
When can an arbitrator pass an interim award?
Decision making by a panel of arbitrators
Awards on interest and costs
What to do when the court sends back an award for correction?
How to communicate the award to the parties
Exercise: Draft an arbitral award in a given fact situation.

International Arbitrations

UNCITRAL Model Law on International Commercial Arbitration
Salient features of the Model law on International Commercial Arbitration
Scope of Application of the Model Law
Arbitration rules of UNCITRAL
ICC rules of Arbitration
SIAC rules of Arbitration

How to Get Empanelment with Arbitral Institutions

What are the various arbitral institutions that provide institutional arbitration services in India
Learn rules of procedure of major arbitral institutions?
What is the legal framework governing accreditation of arbitrators in India?
How to apply for becoming a panel member of arbitral institutions

Judgement Analysis

How to read and analyse judgments
Applicability of judgments of the Supreme Court and the doctrine of precedents
How to apply the ratio in a judgment while deciding a matter

Specialised areas of Arbitration

Arbitration in construction disputes: major areas of conflicts and dispute resolution
Arbitration in maritime arbitration
Arbitration in investment arbitration: rules of investment and applicability
Arbitration in sports arbitration: use cases
Arbitration in intellectual property disputes: role play learning

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