Certificate Course in Arbitration: Strategy, Procedure and Drafting by LawSikho: Fee, Duration, How to Apply

Quick Facts

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	Learning efforts 4-6 Hours Per Week

Course overview

The Certificate Course in Arbitration: Strategy, Procedure and Drafting duration is 3 months. The course provides a practical comprehensive understanding of mechanisms for the appointment of an arbitral tribunal. The course is designed for Managers and Officers dealing with arbitration matters, Lawyers, Law Students, Lawyers working for mega contracts, Arbitrators, and aspiring Arbitration Lawyers.

The certification programme provides a robust curriculum that includes arbitration agreement and clause, initiation of arbitration proceedings, interim measures, drafting and filing a petition for appointment of arbitrator. The Certificate Course in Arbitration: Strategy, Procedure and Drafting by LawSikho offers in-depth knowledge of drafting various documents, petitions, and applications related to arbitral proceedings.

Also Read: Online Law Courses & Certifications

Course and certificate fees

Fees information

₹ 30,000 (Inclusive of GST)

The Certificate Course in Arbitration: Strategy, Procedure and Drafting fee is Rs 30,000 including all taxes and charges for the Standard Access. The course fee for Master Access is Rs 2,00,000.

Certificate Course in Arbitration: Strategy, Procedure and Drafting Fee Structure

Certification Course	Fees
Certificate Course in Arbitration: Strategy, Procedure and Drafting (Standard Access)	Rs 30,000
Certificate Course in Arbitration: Strategy, Procedure and DraftingCommercial Arbitration and Mediation (Master Access)	Rs 2,00,000

certificate availability

Yes

certificate providing authority

National Skill Development Corporation +1 more

Who it is for

Lawyer International arbitrator Corporate lawyer Mediator

The online Certificate Course in Arbitration: Strategy, Procedure and Drafting is designed for aspiring law students, and working professionals to develop their skills and knowledge. This course is also beneficial for:

Eligibility criteria

Certification Qualifying Details

To receive the certificates, the candidates are required to complete all exercises and writing assignments to receive a certificate. They will receive a certificate co-branded by NSDC and Skill India and will be sent to their provided address via courier.

What you will learn

After completing the Certificate Course in Arbitration: Strategy, Procedure and Drafting syllabus, the students will learn how to draft various legal documents, learn how to create dispute resolution strategies and walkthrough of arbitration proceedings. They will also learn about the conflict under the Arbitration and Conciliation Act, of 1996 and learn how to trade and draft arbitration clauses.

The certification course also offers a deep understanding of institutional arbitration, and valid notices of commencement and identifies the right interim measures. After completing the Certificate Course in Arbitration: Strategy, Procedure and Drafting training, the students will also learn to file a statement of claims, draft counterclaim and rejoinder.

The syllabus

Arbitration Agreement and Clause

How to draft an arbitration clause

Arbitration agreement under Arbitration and Conciliation Act, 1996 (Arbitration Amendment act, 2015)
Dispute resolution and arbitration clause variations
Strategic elements in arbitration clauses: Venue vs. seat, applicable Rules, jurisdiction, fees, timelines, qualification of arbitrators, prior mechanisms, etc.
Who should appoint?
Arbitration by reference
Severability of arbitration clause from the main contract : practical implications
Institutional arbitration clauses
Costs and impact of 2015 and 2019 Amendments
When is arbitration beneficial (or not beneficial)?
Disadvantages of default arbitration clause
Impartiality of the arbitrator
Government Contracts
- Bargaining power with Government
- Negotiating with Government
- Unfair or one sided contracts
VIDEO: Screencast of an arbitration clause

Key changes introduced by 2015 amendment to arbitration law

Exercise: Draft an arbitration clause (with variations)
Video: Screencast of an arbitration clause

Initiation of Arbitration Proceedings

How to initiate arbitration/ draft a notice of commencement

Framing of the dispute
Exhaustion of consultative mechanisms
Initiation of institutional arbitration proceedings
Appointment of arbitrator and methods of appointment
Challenge to appointment of arbitrator
Disclosure of conflict of interest by arbitrator
Claims of the party
Despatch/ service of notice of commencement
VIDEO: Screencast of notice of commencement

Arbitrability

Which disputes are arbitrable?
Grounds for challenging arbitrability/ validity of the arbitration clause
Termination of the arbitration proceedings.
How to distinguish arbitrable claims from statutory claims
Validity of online arbitration
When to use fast track and appellate arbitration
Exercise: Draft a notice of commencement of arbitration
Exercise: Draft a Section 8 petition to refer disputes to arbitration
Note: Impact on arbitration upon termination of mandate of arbitral tribunal
Note: How to challenge appointment of an arbitrator
Note: What will happen if an arbitrator is terminated, withdraws, conflict of interest is identified at a later stage or has arisen after the commencement of the proceedings

Interim Measures

How to draft Section 9 petitions

Types of interim measures u/s 9 and powers of tribunal
What is an interim injunction in Arbitration and what kind of injunction can one pray for?
Which interim measures cannot be claimed?
Law on interim measures
How to identify interim measures
Interim measures by arbitrator (Section 17) vs. court (Section 9)
When to file a Section 9 petition
Where to file
How to select a counsel for filing
Evidence and annexures in a Section 9 petition
Remedies if your Section 9 petition is rejected

Interim measures by tribunal

When to seek reliefs under Section 17 of the Arbitration and Conciliation Act
Difference between Section 9 and 17 (post amendment scenario)
Powers of the tribunal under Section 17
Exercise: Draft a Section 9 petition
Exercise: Draft a Section 17 petition

Drafting and Filing a Petition for Appointment of Arbitrator

Common methods to appoint a sole arbitrator/ arbitral tribunal

As per arbitration clause
In absence of specification under arbitration clause
What if parties don’t operate as per contract?
Appointment in case of institutional arbitration
How to approach and obtain confirmation of arbitrator
Powers of the arbitral tribunal
Grounds for conflict under Arbitration and Conciliation Act, 1996 (Arbitration and Conciliation Amendment Act, 2015)
Where to file the petition - Pre and Post 2015-Amendment contracts
Waiver of rights
Exercise: Draft a Section 11 petition for appointment of arbitrator
Video: Screencast of Section 11 petition

Statement of Claims

How to draft a statement of claims

Identification of substantive obligations that are breached
Reference to the arbitration clause
Exhaustion of other remedies
Attachment of annexures
Court fees
General drafting and formatting requirements
How to draft the prayer
Determination of loss (opportunity loss, loss of profit, goodwill and reputation)
Determination of your claims
Limitations - Statement of claims should not be time barred
Annexures
Exercise: Draft a statement of claims

Statement of Defense and Counterclaim

How to draft a statement of defense
Pointers for drafting a counterclaim
- What are the claims the opposite party can ask for?
- How to reply to a counterclaim?
- Rejoinder and reply
- Exercise: Draft a statement of defense
- Exercise: Draft a counterclaim
- Exercise: Draft a rejoinder

Evidence by Parties

Oral hearings, Documentary Evidence and Written Proceedings

Importance of leading evidence
Affidavit of Admission/Denial by Parties
Criteria for identification of witnesses - expertise, key personnel, credibility and credential, non-signatories
Number of witnesses
Exclusion of oral hearings and fast-track arbitration

Evidence by affidavit

What facts need to be led through affidavit
How to draft the affidavit
Exercise: Draft questions for examination in chief for your witness
Exercise: Draft an affidavit to submit evidence for an arbitration proceeding
Note: How to deal with documents submitted as evidence in some other languages (especially in international arbitration)
Note: Notice for discovery and inspection
Note: Notice to Produce documents (NTP) and Application under Order 11 of Civil Procedure Code
Note: Application to introduce new evidence after cross-examination
Note: Application to amend your SOC later during the proceedings
Note: How to appoint an expert
Note: How and when to request court’s assistance during arbitral proceedings
Note: What happens on death or insolvency any of the parties

Examination

Cross-examination

How to prepare your witness
What questions to ask
Applicability of Evidence Act and restrictions
How to impose a duty on your personnel to be available for evidence in dispute scenarios
Exercise: Draft questions for cross-examination - 1
Exercise: Draft questions for cross-examination - 2
Exercise: Identify gaps/ create a final argument based on response of witness in cross-examination

Execution of Arbitral Awards

Execution of arbitral award

How to draft an execution petition
Domestic award
Foreign award
International commercial arbitrations
Exercise: Draft petition for enforcement of arbitral award (foreign award, domestic award and international commercial arbitration)

Challenge of Arbitral Awards

How to set aside an arbitral award

How to draft the petition for setting aside an arbitral award
Time period for setting aside arbitral award
Can a foreign award be cancelled by Indian courts
Exercise: Draft a petition for setting aside final award (2 exercises)
Note: What to do if the award is incorrect, incomplete or ambiguous
Note: How can the tribunal recover the cost (during and after completion of the proceedings) and do they have a right to lien the award?

Appeals

When, where and how to file appeals

When and which orders can you appeal against?
Appeal against refusal to refer parties to arbitration
Appeal against interim relief granted by the court
Appeal against interim award of the tribunal
Appeal against refusal to set aside an arbitral award
Exercise: Draft an appeal for setting aside interim relief under Section 9
Exercise: Draft an appeal for setting aside interim measures awarded by the tribunal under Section 17
Exercise: Draft an appeal against refusal to aside an arbitral award under Section 34

Conciliation and Mediation

Introduction to Conciliation and Mediation

Definition
Procedure
Appointment of a mediator/conciliator
How to draft terms of settlement under Conciliation/Mediation
Exercise: Draft Settlement Terms

Admission details

Students can enrol Certificate Course in Arbitration: Strategy, Procedure and Drafting classes by following the below-mentioned steps:

Step 1: Browse the link mentioned below:

https://lawsikho.com/course/certificate-arbitration-adr-dispute-resolution-drafting

Step 2: Candidates must click on the “Enroll Now” button, add the necessary information, click on the “Proceed for Plan and Payment” and pay the course fee and submit.

Evaluation process

The participants can take an online MCQ test through the Learning Management System. They can log in through a computer at their home at their convenience and write the exam in one sitting. The students are not required to go to any specific exam centres to take the test.

How it helps

The Certificate Course in Arbitration: Strategy, Procedure and Drafting benefits include:

The program offers students practical experience with industry professionals, allowing them to apply their skills in real-world scenarios.
They will also benefit from discussions with a panel of industrial academia members sharing their experiences in similar settings.
The participants will have access to additional readings on the latest developments, concepts, and simulation exercises based on real-life cases and recent advancements.
The course includes 1 online live class, 2 practical exercises per week, 3 writing assignments, live doubt-clearing support, and one-on-one sessions with mentors.
Students will have 3 years of access to digital study materials via LMS, Android, and iOS apps.
They will also receive assistance with CV enhancement, interview preparation, networking with other students and alumni, and support for internships and job opportunities.
Top-performing students will be recommended to various law firms and companies.

FAQs

What is the duration of the Certificate Course in Arbitration: Strategy, Procedure and Drafting training?

The certification course duration is 3 months. The course offers in-depth knowledge of arbitration agreements and clauses, drafting and filing a petition for appointment of arbitrator.

What if students did not qualify MCQ test for the online Certificate Course in Arbitration: Strategy, Procedure and Drafting?

Students can request a re-examination again and must re-submit the required exercises and articles with a deduction of 3 marks. For exercises already submitted and they do not wish to re-attempt, marks will remain the same.

Who are the potential employers for the Certificate Course in Arbitration: Strategy, Procedure and Drafting?

The potential employers for this course are litigation chambers, dispute resolution teams in law firms, and boutique arbitration law firms companies in any industry that deal with high-value contracts.

What are the timings of the online Certificate Course in Arbitration: Strategy, Procedure and Drafting?

The timings of the classes are weekdays from 8:00 pm - 10:00 pm, Saturdays from 7:00 pm - 10:00 pm IST and Sundays from 10:00 am - 8:00 pm IST.

What are the passing criteria for Certificate Course in Arbitration: Strategy, Procedure and Drafting?

The students must score 40% of the total marks and complete all the weekly exercises, articles and assignments. They will be graded as F-Fail, C+ 41 to 59, B+ 60 to 79, and A+ 80 to 100.

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Certificate Course in Arbitration: Strategy, Procedure and Drafting

Online

3 Months

₹ 30000