In this Blog Post we will be presenting each module to you in more detail and in addition to what you can learn from the SAA's website:
Module 1:
FUNDAMENTALS OF INTERNATIONAL ARBITRATION
The first module is dedicated to an introduction to the fundamentals of international arbitration both in a comparative perspective and with emphasis on Swiss law. The course is taught by Professor Christoph Müller and Professor Daniel Girsberger, both experienced university faculty members and arbitration practitioners. The purpose of this “crash course” is to ensure that by the end of the first week, all participants are familiar with the essential aspects of international arbitration law and practice, particularly, with respect to the Swiss legal framework.
The program is based on materials specifically designed for this type of education, and includes practical exercises in all relevant areas of international arbitration, namely:
➢ The legal concept of arbitration, fundamental features, regulatory framework and neighboring methods of dispute resolution
➢ The arbitration agreement
➢ The arbitral tribunal
➢ The arbitral proceedings
➢ The applicable law
➢ The arbitral award
➢ Recognition and enforcement of arbitral awards
Module 2:
HOW TO COMMENCE ARBITRATION PROCEEDINGS
Participants now put the knowledge acquired during module 1 into practice. On the basis of a mock case, the participants address issues from the perspective of both counsel and arbitrators in 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.
Module 3:
THE TAKING OF EVIDENCE: HEARINGS AND INTERIM MEASURES
In the third module of the program, the participants will be introduced to various aspects of the taking of evidence (for example, the IBA Rules on the Taking of Evidence and requests for document production), interim measures and, in particular, evidentiary hearings. A special highlight is the intensive and interactive cross examination training. Each participant will be actively involved and will have to do cross examination. Other elements of the course include a mock case on mixed proceedings (Arb-Med-Arb) and a discussion with seasoned mediators. The entire module will be accompanied by an experienced in-house counsel, who will always bring the user's point of view into the discussions. As this is a practical course, the module will be very interactive.
Module 4:
FROM THE HEARING TO THE CHALLENGE AND ENFORCEMENT OF AWARDS
The fourth Module concerns the last stage of arbitral proceedings: the deliberation of the arbitral tribunal, the award, and the challenge of an award. In the first part of the Module, participants learn about the closure of the proceedings and the making of the award. Questions covering the deliberations of the members of the arbitral tribunal, the drafting and the signing of the award, the notification of the award, as well as truncated tribunals and dissenting arbitrators will be discussed. Further, money matters of course as well: the allocation of the costs of the arbitration also forms an important part of the discussions. From the counsel's perspective, the drafting of requests for correction and interpretation of the award will be reviewed. The adjudication is addressed from the tribunal's perspective. Settlement and other grounds for termination of arbitral proceedings are also covered.
The second part of the Module will address issues about the enforcement of the award. Participants learn where and how to enforce an award, or, conversely, how to resist enforcement of an award. Debated issues like the enforceability of awards which were annulled at the place of arbitration are also addressed.
The third part of the Module covers the challenge of the award. The focus is on jurisdiction, the grounds for challenging an award, and other procedural issues related to the challenge of an award. Participants also learn that the finality of arbitral awards may not have the same bearing in all jurisdictions. Additionally, whether arbitral tribunals are in a position to reconsider their awards based on new facts or evidence discovered after the rendering of the award is also discussed.
Early bird tuition fee for our CAS and ArbP programs are offered valid until May 25.
How to apply
In order to apply to one of the SAA postgraduate courses, please forward your CV, motivation letter and supporting documents to info@saa-switzerland.ch.
