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    Diploma in Domestic & International Commercial Arbitration

    BY
    LawSikho

    Gain arbitration skills and knowledge with a Diploma in Domestic & International Commercial Arbitration certification by LawSikho

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    Mode

    Online

    Duration

    6 Months

    Fees

    ₹ 60000

    Quick Facts

    particular details
    Medium of instructions English
    Mode of learning Self study, Virtual Classroom
    Mode of Delivery Video and Text Based
    Learning efforts 6-8 Hours Per Week

    Course overview

    The Diploma in Domestic & International Commercial Arbitration certification course duration is 6 months. The course offers a comprehensive understanding of arbitration, intellectual property law, trademark and design registrations. Students will be equipped with the required skills and knowledge to direct the disputes and objections of IP and gain dispute resolution strategies.

    Independent Practitioners, Young Litigators, Litigators, Corporate Lawyers, Law Students, Managers, Officers and Industry Experts can enrol for this course. Aspirants will gain hands-on experience with the support of the leading industry experts after pursuing The Diploma in Domestic & International Commercial Arbitration certification by LawSikho. The students will be able to apply their knowledge to real-time projects.

    Also Read: Online International Trade Law Courses & Certifications

    The highlights

    • 6 Months Online Course
    • Instructor Feedback on Assignments
    • 15+ hours of Personalised Coaching
    • Digital Access to Entire Study Material
    • Training for Writing and Publishing Articles
    • 15+ Hours of Freelancing Career Training
    • 45+ Hours of Live Practical Sessions with Industry Experts
    • 100+ Hour Simulation Oriented Practice Through Assignments

    Program offerings

    • 3 writing assignments
    • 2 practical/drafting exercises
    • Live doubt clearing
    • Doubt clearing on whatsapp
    • Lms & classes
    • Networking with students & alumni
    • Cv enhancement
    • Top performers reference for jobs
    • 1 online live classes per week

    Course and certificate fees

    Fees information
    ₹ 60,000

    Diploma in Domestic & International Commercial Arbitration Certification Fee Structure

    Certification Course 

    Fees 

    Diploma in Domestic & International Commercial Arbitration

    Rs. 60,000

    Diploma in Domestic & International Commercial Arbitration (EMI)

    Rs. 3,000 Per Month

    certificate availability

    Yes

    certificate providing authority

    National Skill Development Corporation +1 more

    Who it is for

    Lawyer International arbitrator Corporate lawyer

    The Diploma in Domestic & International Commercial Arbitration certification course is designed for aspiring lawyers, litigators, and other professionals to enhance their skills and knowledge. This course is also beneficial for:

    Eligibility criteria

    Certification Qualifying Details

    Students will receive a certificate after completing all the assignments and developing their skills by investing 5-6 hours per week apart from the course classes. The certificate that students will receive is cobranded by NSDC and Skill India is delivered to their provided address. 

    Students are required to complete 50 percent of the total exercises (18 exercises) along with the MCQ test to receive a completion certificate for the Diploma in Domestic & International Commercial Arbitration online course.

    What you will learn

    The students will gain a deep understanding of the legal systems, crafting effective notices, navigating the court systems and resolving international conflicts. After completing the Diploma in Domestic & International Commercial Arbitration certification syllabus, they will master the negotiation techniques and understand mediation and conciliation in detail.

    Upon the completion of the Diploma in Domestic & International Commercial Arbitration training, the students will learn to select and draft arbitration clauses and also select the right arbitration institution. They will also explore reviewing the contract laws and provide the best advice to clients. Students will also learn to draft a statement of claim and defence.

    The syllabus

    Arbitration Agreement and Clause

    How to draft an arbitration clause
    • Arbitration agreement under Arbitration and Conciliation Act, 1996 as amended
    • 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 be appointed as an arbitrator? 
    • Arbitration by reference 
    • Severability of arbitration clause from the main contract : practical implications 
    • Institutional arbitration clauses
    • Costs and impact of 2015,2019 & 2021 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)

    Commencement of Arbitral 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
    • Impact on arbitration upon termination of mandate of arbitral tribunal
    • How to challenge appointment of an arbitrator
    • 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.
    • Exercise: Draft a notice of commencement of arbitration
    • Exercise: Draft a Section 8 petition to refer disputes to arbitration

    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
    • VIDEO: Screencast of Section 9 petition
    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
    • VIDEO: Screencast of Section 11 petition
    Exercise: Draft a Section 11 petition for appointment of arbitrator

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

    Cross 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)
    • Exercise: Draft petition for enforcement of arbitral award (foreign award, domestic award and international commercial arbitration)

    Challenge of Arbritral 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
    • What to do if the award is incorrect, incomplete or ambiguous
    • How can the tribunal recover the cost (during and after completion of the proceedings) and do they have a right to lien the award?
    • Exercise: Draft a petition for setting aside final award (2 exercises)

    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

    International Commercial Arbitration

    Modules listed below

    Introduction to International Commercial Arbitration

    Introduction to International Commercial Arbitration
    Nature and limits of arbitration and its treatment by various legal systems
    Stages in an Institutional Arbitration Proceeding
    Important international conventions and their scheme with respect to domestic arbitration statutes
    • New York & Geneva Convention
    • UNCITRAL
    • UNIDROIT Rules
    What to look for while referring to a new country’s statute on arbitration
    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
    • The Seat vs. Venue debate in International commercial arbitration
    • 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 Clauses in ICA

    • Components of clauses in International Commercial Arbitration
    • Institutional Arbitration Model Clauses for SIAC, HKIAC, 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 endeavour requirements.
    • Choice of law

    Latest Trends in Arbitration Proceedings - Emergency Arbitrations and Appellate Arbitrations

    Expedited procedures
    • Emergency arbitrations
    • Emergency reliefs
    • Need for recognition of Emergency Arbitration Award
    • 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 Arbitration Injunction cases and how they are dealt with
    • ICC 2021 Amendments

    How To Draft a Statement of Claim and Defense

    How to Draft a Statement of Claims
    How to define the dispute
    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 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

    Appointment and Challenge Mechanism of Arbitral Tribunal

    How to appoint and constitute arbitral tribunal
    • Constitution of arbitral tribunal under SIAC, HKIAC, DIFC-Dubai, LCIA, ICC
    • Different ways to appoint arbitrators
    • Factors for deciding Arbitral Tribunal
    • Compliances to be fulfilled before appointment of an arbitrator
    Powers and Duties of Arbitral Tribunal
    • Powers and Duties under SIAC, HKIAC, DIFC-Dubai, LCIA, ICC
    Challenges Mechanism of Arbitral Tribunal
    • Rules governing challenge procedure
    • Grounds of challenge under different system
    • Procedure for challenge
    • Relevant case laws
    IBA Rules on Conflict of Interest

    Jurisdiction of Arbitral Tribunal

    Jurisdiction of arbitral tribunal in International Commercial Arbitration
    • Doctrine of Separability and its limitations
    • Principle of Kompetenz- Kompetenz and it limitations
    • Grounds for Jurisdictional Challenge
    Rules governing the jurisdiction of an Arbitral Tribunal
    • Rules governing the jurisdiction under UNCITRAL Model Law, SIAC, HKIAC, ICA
    Binding Non- Signatories to Arbitration Agreement
    • Doctrines of Group of Companies
    • Corporate veil theory
    • Theory of implied consent
    • Doctrine of Agencies
    • Doctrine of Estoppels

    Evidence And Hearings in International Commercial Arbitration

    Hearings in International Commercial Arbitration
    • Different stages of hearings
    • Different types of hearings
    • Challenges faced during remote hearings
    • Rules for hearings under SIAC, HKIAC and LCIA.
    Evidence in International Commercial Arbitration
    • Burden of proof
    • Standard of proof
    • Types of Evidences
    Procedure for Taking of Evidence
    • Rules under SIAC, LCIA and HKIAC
    IBA Rules of Taking of Evidence
    • Admissibility and assessment of Evidence
    • Challenges faced while procuring Evidence

    Challenge Procedures and Grandmaster Level Defense Strategies

    How to review foreign laws and international conventions for challenge procedures
    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

    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 Singapore
    • 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.

    Investment Arbitration

    Investment Arbitration and bi-lateral investment treaties
    • Difference between Commercial Arbitration and Investment Arbitration
    • Bi-lateral Investment Treaties (BIT)- rights accorded to an investor, dispute resolution mechanism and fork in the road clause.
    • Multilateral Investment Treaties- NAFTA, Institution for settlement of investment dispute
    • India and BITs- Model Indian BIT and relevant case laws
    International Centre for settlement of Investment disputes (ICSID)
    • Requirements for constitutional ICSID arbitration
    • Features of ICSID Arbitration
    • Procedures followed in ICSID Arbitration
    • Conditions for annulment of award under ICSID Rules
    • Enforcement of award under ICSID
    • Overlapping of dispute resolution mechanism in BIT and Investment contracts

    Implications of Choice of Contract Law of Singapore, UK, US, Canada and India

    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

    • Procedure for mediation in SIAC, HKIAC, DIFC, LCIA, AAA
    • Mediation-arbitration combinations: Arb-med, Med-arb and arb-med-arb and how these are used effectively by lawyers
    • 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
    • Costs of mediation
    • Credit of fees to arbitration procedure in case mediation/conciliation fails.

    Admission details

    To join the Diploma in Domestic & International Commercial Arbitration classes, follow the below-mentioned steps: 

    Step 1: Browse the link mentioned below:

    https://lawsikho.com/course/domestic--international-commercial-arbitration

    Step 2: Participants must click on the “Enroll Now” button, fill in the necessary information and click on the “Submit” button. 

    How it helps

    The Diploma in Domestic & International Commercial Arbitration certification benefits include:

    • The course offers in-depth knowledge of Domestic and International Commercial Arbitration and all other aspects related to it.
    • Students will gain a deep understanding of Intellectual Property law and build a strong foundation in the legal field. 
    • The certification course offers 2 practical or drafting exercises per week, 3 writing assignments (optional) and training for writing and publishing articles
    • Students will also get coaching for professional networking and will be able to get students and alumni networking. 
    • They will also get the access to updated content online for 3 years on LMS content, and Android and iOS apps.
    • Participants who top and perform well are recommended for jobs and client opportunities.

    FAQs

    What is the duration of the Diploma in Domestic & International Commercial Arbitration training?

    The duration of the course is 6 months. The certification programme offers in-depth knowledge of legal systems, crafting effective notes, and navigating court systems.

    Who are the potential clients or employers for the Diploma in Domestic & International Commercial Arbitration online course?

    Potential employers are litigation chambers, dispute resolution teams in law firms, in-house legal teams of companies, startups, litigation firms, independent litigators, freelance, Niche ODR Services, arbitrators, arbitration lawyers and firms.

    Who can pursue the Diploma in Domestic & International Commercial Arbitration certification course?

    This course can be taken by Independent Practitioners, Young Litigators, Litigators, Corporate Lawyers, Law Students, Managers, Officers and Industry Experts can enrol for this course.

    What is the training methodology for the Diploma in Domestic & International Commercial Arbitration online course?

    The training methodology is eLearning which includes online 24/7 access to study materials, practical exercises, live online classes, live doubt-clearing support, and one-on-one sessions with mentors.

    Do students get the opportunity for remote freelance work after completing the Diploma in Domestic & International Commercial Arbitration online course?

    Yes, the course also provides freelance work opportunities for students who have professional-level legal skills as well as those who are still building.

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