Participants now put the knowledge acquired during nodule 1 into practice. On the basis of a mock case, the participants address issues from the perspective of both counsel and arbitrators in an international arbitration.
Emphasis is placed on how lawyers advise their clients when a dispute arises, including why and how to commence arbitration proceedings upon a proper assessment of the case. Key topics are addressed, in particular, how to compel a party into arbitration or how to object to arbitration if the agreement does not provide for a proper dispute resolution mechanism, and how to choose, approach, nominate or challenge arbitrators. The participants consider the importance of the place of arbitration, the impact of the arbitration rules applicable or how to handle ad hoc arbitrations. Most importantly, participants learn how to deal with complex proceedings and multi-party issues (including consolidation of proceedings, joinder/intervention of third parties, and the inclusion of non-signatory parties). The participants will review practical issues like staffing and cost matters, tactical considerations when commencing arbitration proceedings, cultural and behavioral issues regarding first client and/or arbitrator meetings as well as interaction with opposing counsel.
Guest lecturers discuss with the participants how to present a case before the arbitral tribunal. In particular, prominent arbitration practitioners help to improve advocacy skills through practical mock training sessions (mock client interviews, mock arbitrator interviews, mock organizational hearings, mock pleadings on jurisdiction, etc.). Participants will also learn how to draft and submit pleadings (briefs for the Claimant and for the Respondent), as well as how to seek appropriate relief.