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 Pericles Center for International Legal Education |
The Russian Arbitration Association, in association with Pericles Law Center
presents a 4 weekend
CERTIFICATE TRAINING PROGRAM
IN INTERNATIONAL COMMERCIAL ARBITRATION
Advantages of RAA delivered workshops:
RAA, in conjunction with Pericles, has designed a unique educational program that provides participants with a practical toolkit to manage arbitration proceedings from the perspective of a party representative. The program gives participants the ability to act in accordance with international standards and effectively deal with East-West arbitrations.
This program consists of four workshops, each for two half days and one full day (Thursday afternoon, Friday, and Saturday morning) to make it easy to work the program into your busy schedule, and to facilitate participants coming from outside Moscow.
See the detailed program
Methodology:
- Mock-case based workshops are structured as interactive exchanges between lecturers and participants;
- Each participant is the center of the training, working individually and in groups to plan, draft and organise mock case proceedings, with the support and encouragement of our experts;
- Participants are invited into a knowledgeable, compelling and challenging journey of inquiry into the best and latest examples of international arbitration practice;
- Workshop content combines the best international practice with RAA's and Pericles’ experience, to successfully translate foreign legal concepts to non-Western lawyers;
- A multi-week break in between each workshop allows participants to complete practical assignments, turn them in and receive professional feedback through our electronic learning management system;
- Participants will also be able to review materials and interact with each other between workshops using the latest, on-line, learning management techniques;
- We welcome both experienced lawyers (in-house, law firms, government offices), students, and other professionals who, in their daily routines, are involved in the process of dispute resolution and related risk assessment.
Lecturers:
- RAA lecturers are renowned arbitration experts and practitioners, qualified and experienced at the leading arbitration institutions in the CIS and worldwide;
- RAA experts will work in conjunction with Pericles’ experienced legal English and legal writing trainers to prepare and communicate individual assessments of each participant's engagement in the workshop;
- The expertise, flexibility and positive interpersonal exchange with the teaching experts encourage participants to engage most effectively with the materials and maximize learning outcomes.
- Our lecturers include the following persons, among others:
Vladimir Khvalei
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Ilya Nikiforov
- EPAM;
- VP, ICC Commission;
- Deputy Chairman of the Board, RAA
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Galina Zukova
- Professor, University of Versailles and BM Avocats;
- fmr. Council, ICC Court;
- ANC Chair, RAA;
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David Goldberg
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Demetrius Floudas
- Senior Associate, Hughes Hall, University of Cambridge;
- Fellow, Hellenic Institute of Foreign & Int’l Law
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Noah Rubins
- Freshfields, Bruckhaus, Deringer;
- Member, RAA Board
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Learning outcomes:
Workshop participants will gain practical experience in:
Writing and assessing procedural documents that are essential for party representatives in commercial arbitration:
- Notice of arbitration;
- Response to the notice of arbitration;
- Objection to the jurisdiction of the arbitral tribunal;
- Reponse to the objection to the jurisdiction of the arbitral tribunal;
- Request for interim relief;
- Response to the request for interim relief;
- Request for production of documents;
- Response to the request for production of documents;
- Request for extension; and
- Response to the request for extension.
Participating in mock-case based discussions/hearings:
- Procedural hearings; and
- Hearings on the merits.
Learning to reason and inquire into the particularities of the following aspects of arbitral proceedings:
- Arbitration agreements and arbitrability;
- Appointment and communication with potential arbitrators;
- Hearing: art of advocacy and cross-examination;
- Production and assessment of evidence; and
- Arbitral award: form and contents, setting aside and enforcement.
Logistics of the Training Program:
- Training takes place in person, in Moscow;
- Participants need internet access to complete on-line assignments between the training workshops;
- The language of the program is English;
- Applicants who are uncertain whether their language ability is sufficient to complete the program may fill out an on line English assessment test or telephone Pericles to assess their language ability;
- The maximum number of participants is 40;
- The duration is 48 clock hours (60 academic hours);
- The dates in 2017 are March 16-18, April 20-22, May 25-27, June 29-July 1;
- The cost is 120,000 rubles. (A 10% discount is available to Pericles LL.M. students and RAA members. To the extent there is space in the class we will also allow a 10% discount for full time law students.)
DETAILED PROGRAM
WORKSHOP I, MARCH 16-18, 2017
DAY I THURSDAY, MARCH 16
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14:30 – 16:00 |
Interactive Lecture: Persuasive Legal Writing
1. Purpose and style;
2. Macro-organization:
- Parts of the written document;
- Logically organizing the discussion using CREAC;
- Structuring paragraphs.
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16:00 – 16:30 |
Coffee break and introductions |
16:30 – 18:00 |
Interactive Lecture: Persuasive Legal Writing (continued)
3. Micro-organization:
- Writing in plain English, active voice;
- Sentence construction;
- Language of persuasion.
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| 18:00 – 19:00 |
Welcoming wine and cheese |
DAY II, FRIDAY, MARCH 17
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9:30 – 11:30 |
Lecture: Arbitration Agreement
1. Arbitrability.
2. The Arbitration Agreement: Form and Contents
- Material terms of the arbitration agreement;
- Other terms of the arbitration agreement: place of arbitration, language of arbitration, qualifications of arbitrators, applicable arbitration rules;
- Form of an arbitration agreement;
- Submission of a dispute to arbitration without an agreement;
- Non-signatories to the arbitration agreement;
- Multi-tier arbitration agreements;
- Pathological arbitration agreements.
3. Standard clauses of the leading arbitrations institutions |
11:30 – 11:45 |
Coffee break |
11:45 – 12:45 |
Lecture: Appointment of Arbitrators
- How do you find a competent arbitrator?
- Use of arbitrator lists provided by arbitration institutions and the RAA database of arbitrators;
- Appointment of an arbitrator for the defaulting party;
- Communication with the potential arbitrator and arbitration institution.
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12:45 – 14:45 |
Lunch |
14:45 – 16:45 |
Lecture: Initiation of Arbitration Proceedings
- Notice of arbitration, Response to the notice of arbitration;
- Calculation and payment of the registration fee.
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16:45 – 17:00 |
Coffee break |
17:00 – 18:00 |
Practical assignment: Drafting a Notice of Arbitration |
DAY III SATURDAY, MARCH 18
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10:00 – 12:00
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Lecture: Challenging an Arbitrator
- Codes of Ethics and Guidelines on Conflicts of Interest;
- How to asses the arbitrator's response to the notice of challenge.
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12:00 – 12:15 |
Coffee break |
12:15 – 13:15 |
Lecture: Choosing Right Rules
- ICC
- LCIA
- SCC
- RAA
ICAC
- UNCITRAL
Adversarial vs. Inquisitorial system |
ASSIGNMENT: WORKSHOP PARTICIPANTS ARE INVITED TO DRAFT THE FOLLOWING DOCUMENTS AND SUBMIT THEM ELECTRONICALLY PRIOR TO WORKSHOP II:
- NOTICE OF ARBITRATION;
- RESPONSE TO THE NOTICE OF ARBITRATION.
WORKSHOP II APRIL 20-22, 2017
DAY I THURSDAY, APRIL 20
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14:30 – 16:00 |
Discussion: Review of the documents drafted by the workshop participants |
16:00 – 16:15 |
Coffee break |
16:15 – 18:00 |
Lecture: Jurisdiction
- Autonomy of the arbitration clause;
- Party's plea that the arbitral tribunal has no jurisdiction;
- Effect of judicial injunctions on the tribunal's decision as to its jurisdiction
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DAY II FRIDAY, APRIL 21
9:30 – 11:30 |
Lecture: Interim measures in arbitration
- Interim measures available to arbitrators;
- Procedure for granting, and criteria for choosing, interim measures;
- Counter-security;
- Failure to comply with ordered interim measures;
- Application to the competent state court.
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11:30 – 11:45 |
Coffee break |
11:45 – 12:45 |
Lecture: Evidence
Particularities/differences in the contents of terminology relevant to evidence in Russian law and international arbitration;
- Rules of evidence as regulated in different arbitration rules;
- IBA Rules on the taking of evidence in international commercial arbitration (Redfern Schedule).
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12:45 – 14:45 |
Lunch |
14:45 – 16:45 |
Lecture: Evidence (continued)
Witnesses in arbitral proceedings:
- Notion of a “witness” in common and continental law;
- Particularities of witness-related aspects in arbitral proceedings;
Experts in arbitral proceedings:
- Expert appointed by the arbitrators;
- Expert appointed by a party;
- Identification of issues to be put before the expert.
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16:45 – 17:00 |
Coffee break |
17:00 – 18:00 |
Practical assignment: Discussion of the draft Procedural Order Nr. 1, procedural timetable and preparation for procedural hearing |
DAY III SATURDAY, APRIL 22
10:00 – 12:00 |
Mock Procedural Hearing |
12:00 – 12:15 |
Coffee break |
12:15 – 13:15 |
Discussion: review of the mock procedural hearing |
ASSIGNMENT: WORKSHOP PARTICIPANTS ARE INVITED TO DRAFT THE FOLLOWING DOCUMENTS AND SUBMIT THEM ELECTRONICALLY PRIOR TO WORKSHOP III;
- OBJECTION TO THE JURISDICTION OF THE ARBITRAL TRIBUNAL;
- RESPONSE TO THE OBJECTION TO THE JURISDICTION OF THE ARBITRAL TRIBUNAL
- REQUEST FOR INTERIM RELIEF;
- RESPONSE TO THE REQUEST FOR INTERIM RELIEF;
- REQUEST FOR PRODUCTION OF DOCUMENTS;
- RESPONSE TO THE REQUEST FOR PRODUCTION OF DOCUMENTS;
- REQUEST FOR EXTENSION;
- RESPONSE TO THE REQUEST FOR EXTENSION.
WORKSHOP III, MAY 25-27
DAY I THURSDAY, MAY 25
14:30 – 16:00 |
Lecture: Hearing
- Logistics of preparing for the hearing;
- The pre-hearing conference and planning the hearing.
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16:00 – 16:15 |
Coffee break |
16:15 – 18:00 |
Lecture: Hearing (continued)
- Conduct of the hearing:
- The role of arbitrator (adversarial vs. inquisitorial style);
- Length of the hearing and time allocation between the parties;
- Expert conferencing;
- Reopening the hearing;
- Admissible/non-admissible conduct in the arbitral hearing;
- Confidentiality.
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DAY II FRIDAY, MAY 26
9:30 – 11:30 |
Discussion: How to Structure Your Reasoning for the Hearing on the Merits. |
11:30 – 11:45 |
Coffee break |
11:45 – 12:45 |
Presentation of the case. Mock hearing on the merits
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12:45 – 14:45 |
Lunch |
14:45 – 16:45 |
Mock hearing on the merits
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16:45 – 17:00 |
Coffee break |
17:00 – 18:00 |
Discussion: review of the mock hearing on the merits |
DAY III SATURDAY, MAY 27
10:00 – 12:00 |
Lecture: Form and Contents of the Arbitral Award
- Types of arbitral awards;
- Corrections and changes.
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12:00 – 12:15 |
Coffee break |
12:15 – 13:15 |
Discussion: Final and binding arbitral awards. |
ASSIGNMENT: WORKSHOP PARTICIPANTS ARE INVITED TO DRAFT THE FOLLOWING DOCUMENTS AND SUBMIT THEM ELECTRONICALLY PRIOR TO WORKSHOP IV:
- SUBMISSION ON COSTS
- RESPONSE TO THE SUBMISSION ON COSTS
- REQUEST FOR THE CORRECTION OF THE AWARD
WORKSHOP IV, JUNE 29 – JULY 1
DAY I THURSDAY, JUNE 29
14:30 – 16:00 |
Interactive Lecture: Advocacy and Cross-Examination |
16:00 – 16:15 |
Coffee break |
16:15 – 18:00 |
Interactive Lecture: Advocacy and Cross-Examination (continued) |
DAY II FRIDAY, JUNE 30
09:30 – 11:30 |
Interactive Lecture: Advocacy and Cross-Examination |
11:30 – 11:45 |
Coffee break |
11:45 – 12:45 |
Interactive Lecture: Advocacy and Cross-Examination |
12:45 – 14:45 |
Lunch |
14:45 – 16:45 |
Interactive Lecture: Advocacy and Cross-Examination |
16:45 – 17:00 |
Coffee break |
17:00 – 18:00 |
Interactive Lecture: Advocacy and Cross-Examination |
DAY III SATURDAY, JULY 1
10:00 – 12:00 |
Lecture: Arbitral Award: Setting Aside
- Application for setting aside an award;
- Impact of the law of the place of arbitration.
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12:00 – 12:15 |
Coffee break |
12:15 – 13:15 |
Lecture: Arbitral Award: Enforcement
- Grounds for denial;
- Parallel proceedings.
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13:15 – 14:45 |
Awards Ceremony, Closing Party. |
For more information on this course, please contact:
Irina Wade, iwade@pericles.ru, +7-495-649-2273
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