Introduction to Domestic Arbitration Course

This introduction to domestic arbitration course will provide candidates with the legal framework of Domestic Arbitration and good practice and procedure in their jurisdiction.

At the end of this training participants will:

• Understand the background to domestic arbitration;
• Describe the process and procedure of domestic arbitration;
• Understand domestic arbitration in the context of other forms of dispute resolution.

CONTENT

• Comparison of dispute resolution procedures
• Fundamental principles of the arbitration process
• The Arbitration Act 2004
• Arbitration rules: time-limited, institutional, industry standards, industry schemes and ad hoc agreements
• Arbitration procedures: documents only and oral hearings
• The arbitration agreement
• Commencement of the arbitration
• An arbitrator’s jurisdiction and powers
• The arbitration process: obligations of the tribunal, responsibilities and obligations of the parties
• Managing the arbitration process: communications, preliminary meeting, interlocutory matters, dealing with factual and opinion evidence and disclosure of documents
• Presenting the claim and the defence: alternative methods
• Procedure at a typical hearing
• Costs and interest
• Essentials of an enforceable award.

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.