Who should attend
Senior and Mid-level management professionals; Aspiring arbitrator, conciliators, and mediators
About the course
Resolution of commercial dispute and the cost of litigation impose considerable burden on business and their current and future relationships. Studies reveal that litigation and related costs have become unsustainably high and figure among the top expenditure on the corporate balance sheet. Effective management of dispute and use of alternative dispute resolution mechanisms such as arbitration, conciliation, and mediation provide the disputing parties control over the dispute settlement process and reduce cost without imposing undue strain on business relationships. Mediation and conciliation offers the dispute parties a win-win model, findings solutions for disputes while strengthening commercial relationship. Whereas, the adversarial Arbitration process provide parties an effective and time bound resolution of disputes.
A robust alternative dispute resolution environment requires the disputing parties and the professional intermediaries to have a comprehensive understanding of the rules, options and processes for the smooth and effective resolution of the dispute. The Advanced Management Programme on “Alternative Dispute Resolution: Arbitration, Conciliation and Mediation” provides the participants with a comprehensive understanding of the options and element of ADR rules and processes to enable both the parties to the dispute (firms/companies) and professional intermediaries (mediators, conciliators, arbitrators) to cognize and participate effectively in the ADR process.
The objective of the programme is to enable participants to understand:
• options, framework and techniques for organizing and managing commercial disputes • soft skill essentials for consensual dispute resolution process • legal and procedural framework for mediation and conciliation – the consensual dispute resolution model • legal and procedural framework for arbitration in the national and international context • qualification and selection of Arbitrators • the role of arbitration institutions, powers of arbitration tribunal, rules and procedural aspects of the arbitration process, and making an arbitration award • role of courts in ADR and enforcement of arbitral awards
- Module 1: Introduction to Dispute Settlement Process: ADR
- Module 2: Soft Skills in B2B Dispute Resolution:
- Individual’s Listening and Responding Styles
- Conflict and conflict Resolution: Behavioural Perspective
- Module 3: Mediation and Conciliation (national and international context)
- Module 4: Legal and regulatory framework for commercial arbitration
- Arbitration Agreement and commencement
- Choices available to parties
- Arbitrators: Qualification and selection
- Arbitration Tribunal: Independence and impartiality; jurisdiction and powers; Duties and procedures;
- Arbitration Rules: Arbitration institutions, rules and procedural aspects of the arbitration process
- Making an Arbitral Awards: Remedies, cost, interest
- Role of Courts: Challenges and appeal
- Recognition and enforcement of arbitral awards
- Module 5: International law aspects of arbitration, including investment arbitration, state-to-state arbitration and state to company arbitration (Dispute resolution provision in BITs, TIPs)
- Module 6: Team based cases study and simulation case in Arbitration context
Prof. R. Rajesh Babu is Professor of Law at the Indian Institute of Management (IIM) Calcutta. A lawyer by training, he obtained his Ph.D. and M.Phil. in International Law from Jawaharlal Nehru University, New Delhi and an LL.M. from Cochin University. Before joining IIM Calcutta, Rajesh served a...
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