Certificate Course in International Commercial Arbitration and Mediation

BY
LawSikho

Gain arbitration concepts and laws with a Certificate Course in International Commercial Arbitration and Mediation by LawSikho

Mode

Online

Duration

3 Months

Fees

₹ 30000

Inclusive of GST

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 6-8 Hours Per Week

Course overview

The Certificate Course in International Commercial Arbitration and Mediation duration is 3 months. The course provides a comprehensive understanding of various concepts and laws related to International Commercial Arbitrations. The students will learn detailed study on the rules of international arbitral institutions such as ICC, LCIA AND SIAC for arbitration proceedings.

The certification course offers a comprehensive curriculum that includes an introduction to international commercial arbitration, seat and avenue, and how to draft an arbitration clause in ICA. The Certificate Course in International Commercial Arbitration and Mediation by LawSikho offers hands-on experience to the students by developing the skills needed for mediating disputes while representing a client.

The highlights

  • 1 Online Live Class/Week
  • 3 Writing Assignments
  • One-on-One Session With Mentors
  • Instructor-Feedback on Assignments
  • 2 Practical/Drafting Exercises Per Week
  • Training for Writing and Publishing Articles
  • Doubt-Clearing on WhatsApp, LMS & Classes   
  • Top Performers Recommended for Jobs/Client Opportunities

Program offerings

  • Cv enhancement
  • Doubt clearing within 24 hours
  • Placement assistance
  • Internship and job support
  • Interview preparation guidance
  • Access to online content for 3 years
  • Internship & job support

Course and certificate fees

Fees information
₹ 30,000  (Inclusive of GST)

The Certificate Course in International Commercial Arbitration and Mediation fee is Rs 30,000 including all taxes and charges for the Standard Access. The course fee for the Master Access is Rs 2,00,000. 

Certificate Course in International Commercial Arbitration and Mediation Fee Structure

Certification Course 

Fees 

Certificate Course in International Commercial Arbitration and Mediation (Standard Access)

Rs 30,000

Certificate Course in International Commercial 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

The certificate course is designed for aspiring law students, and working professionals to enhance their skills. 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 International Commercial Arbitration and Mediation syllabus, the students will learn to draft international commercial arbitration clauses for various situations. They will also be able to draft and review the arbitration documents. The students will offer advice and learn to make strategic decisions on the initiation of proceedings worldwide.

The students will gain hands-on work on international commercial arbitrations in Dubai (DIFC), Singapore and the UK (and in other jurisdictions) upon the completion of the Certificate Course in International Commercial Arbitration and Mediation training. Participants with the support of leading industry experts learn how to select a correct seat and initiate proceedings before the courts.

The syllabus

Introduction to International Commercial Arbitration

  • Introduction to International Commercial Arbitration
  • Stages in an Institutional Arbitration Proceeding
  • Important international conventions for domestic arbitration statutes
    • New York & Geneva Convention
    • UNIDROIT Rules
  • What to look for while referring to a new country’s statute on arbitration
  • Pros and Cons: Institutional & Ad Hoc Arbitration
  • How to Select an Appropriate Institution for International Commercial Arbitration

Seat and Venue in Arbitration

  • Concept of Seat and Venue
  • Jurisdictional Warfare owing to drafting clauses in seat and venue
  • Seat and Venue in the Indian Context
  • Seat and venue in virtual hearings and documents-only arbitrations

How to Draft an Arbitration Clause in ICA

  • Components of clauses in International Commercial Arbitration
  • Institutional Arbitration Model Clauses for SIAC, HKIA, DIFC-Dubai, LCIA and AAA
  • Pathological arbitration clauses
  • Important components of an arbitration clause
  • Why do clauses say ‘without reference to conflict of laws rules’?
  • Importance of ‘good faith’/ reasonable endeavor requirements

How to Draft a Statment of Claim and Difference

How to Draft a Statement of Claim
Quantification of Damages
  • To what extent are liquidated damages valid?
  • What if the amount of liquidated damages specified is very high?
  • Is there some prohibition against inclusion of penalty clauses? 
  • Are indirect and remote damages enforceable?
  • Is there a duty of the party suffering loss to mitigate damages?
  • Are punitive damages, if agreed contractually, valid?
Types of reliefs
  • Monetary compensation
  • Punitive damages/ penalties
  • Interpretation of contracts
  • Restitution
  • Is declaratory relief relevant? 
  • Interest
  • Costs
  • Do national laws constrain this?
How to define the dispute
How to define the statement of defense in international commercial arbitration
Top strategies to rebut claims made in the statement of claims in the statement of defense
When and how to use anti-suit injunctions

Challenges Procedures and Grandmaster Level Defense Strategies

How to challenge arbitral awards or their enforcement in foreign jurisdictions
  • How to challenge an arbitral award or its enforcement in Singapore
  • How to challenge an arbitral award or its enforcement in US
  • How to challenge an arbitral award or its enforcement in UK
  • How to challenge an arbitral award or its enforcement in Dubai
  • How to challenge an arbitral award or its enforcement in Hong Kong
  • How to challenge an arbitral award or its enforcement in Japan
  • How to challenge an arbitral award or its enforcement in Canada
  • How to challenge an arbitral award or its enforcement in Netherlands
  • How to challenge an arbitral award or its enforcement in Brazil
  • How to challenge an arbitral award or its enforcement in Australia
  • How to challenge an arbitral award or its enforcement in China
Common grounds for challenge
Challenge to enforcement of foreign awards in India
How to obtain anti-arbitration injunctions in the jurisdictions above

Enforcement Procedures

  • Difference in enforcement in home jurisdiction vs. foreign jurisdictions
  • How to enforce an award in your home jurisdiction
  • How to review foreign statutes to develop enforcement strategies
  • How to enforce an international commercial arbitration award offshore
    • How to enforce an award in Singapore
    • How to enforce an award in US
    • How to enforce an award in Canada
    • How to enforce an award in UK
    • How to enforce an award in Netherlands
    • How to enforce an award in Japan
    • How to enforce an award in Brazil
    • How to enforce an award in Australia
    • How to enforce an award in Dubai 
    • How to enforce an award in China
  • Enforcement of International Commercial Arbitration Awards outside India
  • Procedure of Enforcement of Foreign Awards in India

Latest Trends in Arbitration Proceedings - Emergency Arbitrations and Appellate Arbitrations

  • Expedited procedures
    • Emergency arbitrations
    • Emergency reliefs
    • Interim relief from the tribunal and courts
    • Which jurisdiction’s courts can you approach for interim relief
    • Types of interim reliefs: preservation of documents, production of witnesses, preservation of status quo, etc.
    • When do you need to go to the court of the seat for interim relief?
  • Multi-tiered arbitration clauses
  • Anti-injunction cases: How they are deal with

How to File Petitions in Courts of Singapore, United Kingdom, Dubai International Financial Centre, US and Hong Kong for International Arbitrations

  • Hierarchy of courts and civil process for arbitration in the UK
  • Hierarchy of courts and civil process for arbitration in the US
  • Hierarchy of courts and civil process for arbitration in the Hong Kong
  • Hierarchy of courts and civil process for arbitration proceedings in China
  • Hierarchy of courts and civil process for arbitration proceedings in Australia
  • Hierarchy of courts and civil process for arbitration proceedings in Netherlands
  • Legal work for lawyers before foreign courts in international arbitrations
    • Appointment of arbitrator.
    • Enforcement of an interim award.
    • Setting aside the award [district courts (unless pecuniary jurisdiction of the High Court is attracted, or unless the High Court has original jurisdiction]. 
    • Appeal against interim measures or against the refusal/ order to set aside the award.

Implications of Choice of Contract Law

  • UK contract law for international arbitration lawyers
  • US contract law for international arbitration lawyers
  • Singapore contract law for international arbitration lawyers
  • Canadian contract law for international arbitration lawyers
  • How to review and compare contract law of any country in the world to advise clients effectively
    • Exclusivity clause and restraint of trade
    • Confidentiality and Causation
    • Delay and other performance defaults (Cost escalation)
    • Indemnity and limitation of liability  
    • Unilateral amendment 
    • Clauses in restraint of legal proceedings in different legal systems
    • Stamp duty or its equivalent in non-Indian laws (Contract/ Arbitral Award)
    • Causation 
    • Remoteness of damage 
    • Mitigation of damages
  • Comparison between UK Contract Law, US contract law, Indian contract law, Singapore contract law, Canadian contract law

Introduction to Mediation/Conciliation

  • Definitions and difference
  • Advantages over other ADR
  • Importance and expected/ objective role in ADR to resolve disputes
  • Recognition and enforcement of dispute resolved in mediation
  • International Commercial Mediation & Conciliation (Recent Trends)
    • Singapore Convention on Mediation
    • UN Model Law on International Mediation and Conciliation 
    • Transactions/ disputes most suited for mediation
    • Psychology for mediator and conciliator and Advocates

Institutional Mediation/Conciliation and Procedure

  • Procedure for mediation in SIAC, HKIAC, DIFC, LCIA, AAA
  • When mediation can be chosen
  • Steps to be taken for mediation with respective institution
  • Can these institutional facilities be used only for mediation and not for arbitration or are they always used in conjunction with each other?
  • Enforceability
  • Credit of fees to arbitration procedure in case mediation/ conciliation fails
  • Mediation-arbitration combinations: Arb-med, Med-arb and arb-med-arb and how these are used effectively by lawyers
  • Costs of mediation

Admission details

Students can join the Certificate Course in International Commercial Arbitration and Mediation classes by following the below-mentioned steps: 

Step 1: Browse the link mentioned below:

https://lawsikho.com/course/certification-course-in-international-commercial-arbitration

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

Students must take an online MCQ test through the Learning Management System. They do not need to go to specific testing centres and can log in from any convenient location using a computer. The exam must be completed in one sitting.

How it helps

The Certificate Course in International Commercial Arbitration and Mediation benefits include:

  • Students will gain hands-on experience with industry professionals and practise it in real-world scenarios.
  • They will also get anecdotal discussions from the industrial academia panel regarding their experiences in similar proceedings. 
  • Aspirants will also get the opportunity for additional readings on the latest developments and concepts and simulation exercises on real-life cases and recent developments.  
  • The candidates will get 1 online live class, 2 practical exercises per week, 3 writing assignments, live doubt-clearing support, and one-on-one sessions with mentors. 
  • They will also get the opportunity to access the entire digital study material for 3 years on LMS, Android, and iOS apps. 
  • Candidates will also receive assistance for CV enhancement, interview preparation, networking with other students and alumni, and internship and job support.
  • Top performers in the course will be recommended to law firms and companies.

FAQs

What is the duration of the Certificate Course in International Commercial Arbitration and Mediation training?

The certification course duration is 3 months. The course offers in-depth knowledge of drafting international commercial arbitration clauses in different situations, drafting and reviewing the arbitration documents and others.

Who can apply for the online Certificate Course in International Commercial Arbitration and Mediation?

The certification course can be applied by Independent practitioners, Young litigators, Litigators, Corporate lawyers and Law Students.

Can students pay the online Certificate Course in International Commercial Arbitration and Mediation fee in instalments and is a discount available?

Yes, the candidates can pay the course fee in instalments through EMI options. There is no discount available for the course fee, candidates are required to pay the full amount.

What is the Certificate Course in International Commercial Arbitration and Mediation passing criteria?

The passing criteria for this course are that the students must score 40% of the total marks and should complete all the weekly exercises, articles and assignments.

What are the timings of the online Certificate Course in International Commercial Arbitration and Mediation?

The classes will be held on 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.

Trending Courses

Popular Courses

Popular Platforms

Learn more about the Courses

Download the Careers360 App on your Android phone

Regular exam updates, QnA, Predictors, College Applications & E-books now on your Mobile

Careers360 App
150M+ Students
30,000+ Colleges
500+ Exams
1500+ E-books