Labor and Employment Arbitration Award Writing (DR205)
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Cornell University’s Scheinman Institute on Conflict Resolution is pleased to announce its 2015 Arbitration Award-Writing Workshop. This interactive program is primarily designed for arbitrators of labor and employment disputes who desire to strengthen their award-writing skills. Its objective is to provide newer arbitrators what they need most – an honest assessment of their analytical and writing skills. NOTE: The program is also suitable for arbitrators of commercial disputes.
Once participants register for the course, they receive the award-writing assignment consisting of:
- A case study with background information;
- Contract language;
- Witness profiles;
- Party positions.
Each participant will be given a specific deadline to write the Analysis and Decision portion of the award. Participants then submit their award which is then forwarded to the training faculty.
On Tuesday, May 19, 2015, Scheinman Training Faculty will conduct a one-day program on the basics of award writing. That program will also include a discussion of participants’ award-writing assignments.
A short time after the in-person workshop on May 19th, each student will receive their awards with individual comments and suggestions from our faculty.
Contract Management and Arbitration
The MDP Contract Management and Arbitration intends to provide the participants a comprehensive understanding on the legal issues in commercial transactions with specific focus on contractual issues and commercial dispute resolution. The Programme shall address different types and facets of contracts and the rights, obligations and implications on business operations. The course shall legal issues in contracts, contract with governments, breach of contract, special contracts, tender and procurement, project finance contracts, legal issues involving infrastructure companies and cyber contracts. In addition, the dispute management techniques such as Adjudication, Arbitration and Alternative Dispute Resolution the understanding of which are imperative for today’s managers, are discussed. Having a reasonable understanding of the contract law and dispute resolution methods, which are foundation to all legal transactions, will help the managers/executives in designing the strategies for competitive advantage.
More specifically, the Programme objectives are to:
- Provide basic understating of the legal aspects of business;
- Provide a foundation of commercial contracts management, managing legal risk associated with breach of contracts;
- Address legal issues in tender and procurement, project financing, infrastructure contracts, and e-contracts, etc;
- Provide a comprehensive understanding the commercial dispute settlement techniques such as adjudication, arbitration and alternative dispute resolutions
General Principles Contracts: Ingredients of a valid contract; Privity of Contract, exceptions; Breach of Contracts; Remedies for Breach of Contracts; Measure of damages; Liquidated damages and penalty, Quasi Contracts; Government contracts; Special Contracts Case-laws Contracts: Tender and Procurement; Legal issues in inviting tenders; Bidding and evaluation procedures; Relevance of evaluation criteria, public Procurement; Bidding process involving pre-qualification, Request for Proposals, Bid evaluation system, Bid negotiation, case-laws on tendering Project Finance Contracts: various forms of project contracts; Ring fencing, high leverage, non–recourse finance; BOLT, BOT Projects; Receivable financing, Securitization; Benefits to investors, Loan Syndication; Off-take Contracts, Take or Pay Contracts; Long-term Sales Contract, Throughput Contracts; Compensation for Additional Costs; Step-in Rights, Force Majeure, Termination; Ancillary Contracts, Construction Contracts; EPC/DPC Contracts; Infrastructure contracts. Cyber Contracts: Contracts in the information technology era; Importance of E-Contracts; Digital Signatures and contract formation ; Assymetric key encryption, Digital signature certificates ; Legal issues involved in control of private key. Arbitration and Alternative Dispute Resolution: Adjudication; Arbitration; Conciliation; Mediation; Lok Adalats; Arbitral Tribunals and Arbitral awards; Recourse against arbitral award; Enforcement of foreign awards; Investment Arbitration under BITS, ICSID, etc
Who should attend
Junior and Mid Level Managers/Executives