Dispute Resolution and Arbitration

Introduction:

In arbitration, parties agree to a term, and a third party, typically a lawyer, determines the law and facts of the case to make a decision or award. Mediation and conflict resolution offer alternatives to litigation for parties wishing to maintain a cordial relationship and anticipate future collaboration.

A mediator remains neutral and does not make decisions; mediation may or may not be legally binding. A claim involves asserting ownership of something, such as medical records or property titles. It means making a statement or argument about a particular condition, like claiming deductions on tax returns based on dependents.

Objectives:

At the end of this Dispute Resolution and Arbitration course, participants will be able to:

• Address claims and assess damages.
• Understand motivations for the time and money required for contract completion.
• Identify circumstances for contractor claims of Extension of Time (EOT).
• Manage and control variation claims, including approval and rejection decisions.
• Comprehend legal and practical aspects of claim management objectives.
• Develop skills to handle moderately complex issues effectively.
• Approach dispute resolution and claim triangulation with varied strategies.

Training Methodology:

• Case studies
• Role-playing scenarios
• Workshops
• Expert guest lectures
• Simulation exercises
• Group discussions
• Illustrative examples

Course Outline:

Unit 1: Various Modes of Dispute Resolution

• Determination by Expert
• Mediation
• Conciliation
• Arbitration
• Ad-hoc arbitration vs. institutional arbitration
• Venue of arbitration
• Enforcement of award
• Sovereign immunity and issues with lawsuits against foreign governments
• Advantages and drawbacks of mediation vs. arbitration
• Implicit waiver of sovereign immunity
• Mock arbitration and mediation

Unit 2: Contractual Claims

• Overview of key contractual provisions concerning claims and counterclaims
• Characteristics and causes of claims in construction and other businesses
• Re-measuring disputes
• Project management diagnostic test – PMD
• Understanding counterclaims and their differences from claims
• Rights of set-off
• Applicability of Force Majeure

Unit 3: Legal Framework for International Arbitration

• Arbitration Agreement/Clause on Arbitration
• Conventions and Investment Treaties
• Rules of procedure for arbitration
• Relevant legislation
• Judicial structure and processes

Unit 4: Negotiation and Resolution of Disputes

• Contract negotiations
• Dispute resolution provisions in contracts
• Addressing bargaining power imbalances
• Agreement, compromise, and resolution strategies
• Court trials
• Conciliation

Unit 5: Other Documents and Negotiations

• Agreements for the aim or award phase
• Bonds from finance and insurance organizations
• Letter of Awareness or Letter of Comfort
• Additional warranties
• Partnering
• Side letter agreements
• Economic tender
• Negotiating contract terms and changes