2023-12-17- MNLU Arbitration Certificate Course.pptx
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際際滷 from a lecture on "Arbitration Advocacy" at the Maharashtra National Law University (MNLU), Mumbai. The topics covered were: Arbitration Advocacy Skills: Arbitrators & Counsels Drafting a Notice / Request for Arbitration Procedural Order I (PO-1)
2023-12-17- MNLU Arbitration Certificate Course.pptx
- 1. Arbitration Advocacy HASIT B. SETH Post Graduate Diploma Arb. & Med. (PGDAM) 2023-24 Maharashtra National Law University, Mumbai 17 December 2023 (c) Hasit Seth, 2023
- 2. Introduction Name: HASIT B. SETH I am a disputes lawyer in India. My practice focuses on commercial dispute resolution covering IP, construction, contracts in litigation and arbitrations I am licensed to practice law in New York and India You are welcome to connect at https://www.linkedin.com/in/hbs and keep in touch (c) Hasit Seth, 2023
- 3. Outline Arbitration Advocacy Skills: Arbitrators & Counsels Drafting a Notice / Request for Arbitration Procedural Order I (PO-1) (c) Hasit Seth, 2023
- 4. Arbitration Advocacy (c) Hasit Seth, 2023
- 5. Nature of Advocacy Arbitration is an adversarial process Persuasive advocacy The core disputes skill set Applies to both litigation and arbitration Frequent overlap of practitioners (c) Hasit Seth, 2023
- 6. Arbitration Advocacy Differences are more than similarities Civil law influences Absence of a central institution / distributed Regulation Arbitral Institutions Arbitral Rules Soft Law guidance (https://www.scconline.com/blog/post/2023/09/26/soft-law-guidance-from-arbitral-organisations-for- conducting-arbitrations/) Arbitration bar Umbilical links with courtroom culture and regulation (c) Hasit Seth, 2023
- 7. Core Similarities To Litigation Pleadings Civil Law: Memorial Style Common Law: Code Style Oral Evidence Documentary Evidence Discovery Practices Arguments Assertion of a Claim Defence Against a Claim Award / Judgment (c) Hasit Seth, 2023
- 8. Awards Structure Structure of an award & judgment Dispute Overview Factual Positions Arguments of opposing sides Analysis Reasons Determination Disposition Very similar to a court judgment (c) Hasit Seth, 2023
- 9. Core Differences Domestic v. International Written advocacy Procedural flexibility Separation of liability and quantum Sequencing of steps Formulating Narrow points of determination / Issues Stipulations and procedural agreements Magic of consent In process procedural revisions Interim relief is not the focus of arbitrations Enforceable final award is the goal (c) Hasit Seth, 2023
- 10. Core Differences Expert witnesses & reports Evidence Mostly documentary Count is huge in construction arbitrations Methods Civil Law: Memorial style pleadings Post-hearing submissions Hands-on arbitrator Arbitration administration Tribunal secretaries (c) Hasit Seth, 2023
- 11. Chess Clock Arbitrations Limited time arbitrations Chess-clock system Only by consent Due process concerns (c) Hasit Seth, 2023 Prof. Dr. Karl-Heinz Bockstiegel University of Cologne CV on ICSID: https://icsid.worldbank. org/sites/default/files/a rbitrators/2020-10/363- B旦ckstiegel-en.pdf
- 12. Skills: Arbitrators & Counsels (c) Hasit Seth, 2023
- 13. Counsels Mixed arbitration and litigation cultures Good writing abilities Structuring arguments Concise factual descriptions Focussed cross-examination Cross-examining experts Cross-cultural work culture Professional development (c) Hasit Seth, 2023
- 14. Arbitrators Authority Role - Fairness Procedural directions Controlling the process Knowledge of multi-jurisdictional legal systems Due process concerns Efficiency Drafting an enforceable award (c) Hasit Seth, 2023
- 15. Arbitrators UNCITRAL Rules (c) Hasit Seth, 2023
- 16. Drafting a Notice / Request for Arbitration (c) Hasit Seth, 2023
- 17. Terminology Invocation or Notice or Request for Arbitration Limitation issues India: A&C Act, 1996 - S.21 UNCITRAL Rules (c) Hasit Seth, 2023 UNCITRAL Rules A&C Act, 1996
- 18. Mumbai Centre for International Arbitration Rules (c) Hasit Seth, 2023
- 19. Mumbai Centre for International Arbitration Rules (c) Hasit Seth, 2023
- 20. Mumbai Centre for International Arbitration Rules (c) Hasit Seth, 2023
- 21. UNCITRAL Rules Notice Invoking Arbitration as Statement of Claim (c) Hasit Seth, 2023
- 22. Procedural Order I (PO-1) (c) Hasit Seth, 2023
- 23. ICSID PO-1 Example Draft PO-1 on ICSIDs Site Link: https://icsid.worldbank.org/sites/default/files/Draft%20Pro cedural%20Order%20No%201.pdf Lets discuss in detail each of its parts. (c) Hasit Seth, 2023
- 24. (c) Hasit Seth, 2023 THANK YOU Questions?