Course Methodology

In this interactive training course participants will frequently work in pairs as well as in larger groups to complete exercises as well as regional and international case studies.

Course Objectives

By the end of the course, participants will be able to:

• Identify the right course of action to resolve a legal dispute
• Reduce the possibility of disputes leading to legal action
• Apply national and international legal requirements for dispute resolution
• Employ arbitration knowledge to negotiate terms
• Use case law to achieve a favorable outcome for their organization

Target Audience

This course is suitable for professionals within all industries who are involved in contract management and resolving disputes including, but not limited to, project managers, contract managers, procurement managers, supply chain managers, contractors, architects, developers and engineers. This course would also highly benefit in-house council and legal advisors new to the region who require the fundamentals of dispute resolution in the GCC.

Target Competencies

• Litigation
• Arbitration
• Mediation
• Negotiation
• GCC Dispute Resolution Frameworks

Fundamentals of dispute resolution

• Overview of the dispute resolution process:
• Adjudicative process
• Consensual process 

Introduction to the English High Court litigation processes

• Why do international businesses take their dispute to the English High Court?
• English civil courts
• Legal practitioners who are involved in resolving disputes 
• Importance of jurisdiction clause
• How do you decide?
• Exclusive or non-exclusive? 

Differences between the Civil law system and the Common law system

• Principles of the common law system
• Principles of the civil law system
• The importance of these systems in dispute resolution

Importance of Alternative Dispute Resolution ( ADR)

• Types of ADR:
• Arbitration
• Mediations
• Conciliation
• Negotiation

Arbitration – the best form of ADR

• The object of Arbitration
• The role of an Arbitrator
• Advantages and disadvantages of Arbitration
• Requirement of an Arbitration agreement
• The importance of the New York convention
• The role of UNCITRAL in dispute resolution
• Preparing for an arbitration hearing
• Types of Arbitration:
• Institutional arbitration v Ad hoc arbitration
• Advantages and disadvantages of Institutional arbitration
• Advantages and disadvantages of Ad hoc arbitration 

Drafting international Arbitration agreement

• Checklist for drafting an Arbitration agreement
• Practical consideration with “Seat” of Arbitration
• Model Arbitration clauses:
• ICC
• LCIA

Arbitral awards

• Enforcement of an Arbitral awards
• Grounds for challenging Arbitral awards
• Recent international case law
• Arbitration terms and terminology

Other ADR methods:

• Advantages and disadvantages of each method:
• Mediation
• Conciliation
• Negotiation 

Ambiguity in an Arbitration clause

• What to avoid
• Importance of the language used in an Arbitration clause

Dubai International Arbitration Centre (DIAC)

• Examining the rules of DIAC