DESIGNING AN EFFECTIVE ARBITRATION
Prof. Bruce Collins, Q.C., Arbitration Chambers, Hong Kong & London
When the marriage begins, a young couple in love seldom plans for a divorce, and often lives to regret it. Similarly, when the contract begins, the contracting parties often fail to plan effectively for the dispute resolution process. Like the young couple who are advised to think about a pre-nup, business people and contract drafters are wiser and better protected when planning for and understanding arbitration in advance. Moreover, participants in arbitration have a lot of leeway in determining the outcome and effectiveness of an arbitration both before and during the process.
So what’s in the average arbitrator’s toolbox? This short, long weekend, course will cover the issues of party autonomy, the powers of the arbitrator, choice of institutional rules, time and cost considerations, pleadings, procedural orders, requests for and objections to document production, drafting procedural orders to regulate the expert evidence process, preparation of witness statements, witness examination and cross examination,
and enforcing arbitration under the New York Convention. The course will include some tips and tricks along with practical examples and sample documents.
The course is perfect for attorneys and business people who want to understand the process and be better prepared to represent their clients or companies. It's also appropriate for young dispute resolution professionals who want to improve their skills and theoretical understanding of their options in representing parties to international commercial arbitration.
The materials will be provided electronically via Moodle. There is no book to be purchased, although some books and paid on-line materials may be recommended.
This course is offered credit/no-credit only. Although this is a weekend course, the professor may give some written assignments and in class exercises to promote the learning process. Credit will not be given for students who do not complete the course assignments.
90% attendance is required to get credit for the course. There are only 3 class days, so it's reasonable to ask you to attend them all. This means that you have attend 11 out of the 12 hours. If you are regularly late for 15 minutes or a half hour, this could affect your ability to pass the class. If force majeure or employers cause you to miss more than that, please talk to the professor immediately to see what can be done to make up the time.
Admission to the Course:
This course is taught entirely in English. Admission to Pericles' LLM program, or an interview in English is required to enter the course.