Program

Interactive Lecture: Persuasive Legal Writing
1. Purpose and style;
2. Macro-organization:

• Parts of the written document;
• Logically organizing the discussion using CREAC;
• Structuring paragraphs.

16:00 – 16:30

Coffee break and introductions

16:30 – 18:00

Interactive Lecture: Persuasive Legal Writing (continued)
3.  Micro-organization:

• Writing in plain English, active voice; 
• Sentence construction;
• Language of persuasion.

Lecture: Arbitration Agreement
1. Arbitrability.
2. The Arbitration Agreement: Form and Contents

• Material terms of the arbitration agreement;
• Other terms of the arbitration agreement: place of arbitration, language of arbitration, qualifications of arbitrators, applicable arbitration rules;
• Form of an arbitration agreement; 
• Submission of a dispute to arbitration without an agreement;
• Non-signatories to the arbitration agreement; 
• Multi-tier arbitration agreements;
• Pathological arbitration agreements. 

3. Standard clauses of the leading arbitrations institutions 

11:30 – 11:45

Coffee break

11:45 – 12:45

Lecture: Appointment of Arbitrators

• How do you find a competent arbitrator?
• Use of arbitrator lists provided by arbitration institutions and the RAA database of arbitrators;
• Appointment of an arbitrator for the defaulting party;
• Communication with the potential arbitrator and arbitration institution.

12:45 – 14:45

Lunch

14:45 – 16:45

Lecture: Initiation of Arbitration Proceedings

• Notice of arbitration, Response to the notice of arbitration;
• Calculation and payment of the registration fee.

16:45 – 17:00

Coffee break

17:00 – 18:00

Practical assignment: Drafting a Notice of Arbitration

Lecture: Challenging an Arbitrator

• Codes of Ethics and Guidelines on Conflicts of Interest;
• How to asses the arbitrator's response to the notice of challenge.

12:00 – 12:15

Coffee break

12:15 – 13:15

Lecture: Choosing Right Rules

• ICC
• LCIA
• SCC
• RAA
  ICAC
• UNCITRAL

Adversarial vs. Inquisitorial system

Discussion: Review of the documents drafted by the workshop participants

16:00–16:15

Coffee break

16:15–18:00

Lecture: Jurisdiction

• Autonomy of the arbitration clause;
• Party's plea that the arbitral tribunal has no jurisdiction;
• Effect of judicial injunctions on the tribunal's decision as to its jurisdiction

9:30–11:30

Lecture: Interim measures in arbitration

• Interim measures available to arbitrators;
• Procedure for granting, and criteria for choosing, interim measures;
• Counter-security;
• Failure to comply with ordered interim measures;
• Application to the competent state court.

11:30 – 11:45

Coffee break

11:45 – 12:45

Lecture: Evidence
Particularities/differences in the contents of terminology relevant to evidence in Russian law and international arbitration;

• Rules of evidence as regulated in different arbitration rules;
• IBA Rules on the taking of evidence in international commercial arbitration (Redfern Schedule).

12:45 – 14:45

Lunch

14:45 – 16:45

Lecture: Evidence (continued)
Witnesses in arbitral proceedings:

• Notion of a “witness” in common and continental law;
• Particularities of witness-related aspects in arbitral proceedings;

Experts in arbitral proceedings:

• Expert appointed by the arbitrators;
• Expert appointed by a party;
• Identification of issues to be put before the expert.

16:45 – 17:00

Coffee break

17:00 – 18:00

Practical assignment: Discussion of the draft Procedural Order Nr. 1, procedural timetable and preparation for procedural hearing

10:00 – 12:00

Mock Procedural Hearing

12:00 – 12:15

Coffee break

12:15 – 13:15

Discussion: review of the mock procedural hearing

14:30 – 16:00

Lecture: Hearing

• Logistics of preparing for the hearing;
• The pre-hearing conference and planning the hearing.

16:00 – 16:15

Coffee break

16:15 – 18:00

Lecture: Hearing (continued)

• Conduct of the hearing:
• The role of arbitrator (adversarial vs. inquisitorial style);
• Length of the hearing and time allocation between the parties;
• Expert conferencing;
• Reopening the hearing;
• Admissible/non-admissible conduct in the arbitral hearing;
• Confidentiality.

9:30 – 11:30

Discussion: How to Structure Your Reasoning for the Hearing on the Merits.

11:30 – 11:45

Coffee break

11:45 – 12:45

Presentation of the case. Mock hearing on the merits
 

12:45 – 14:45

Lunch

14:45 – 16:45

Mock hearing on the merits
 

16:45 – 17:00

Coffee break

17:00 – 18:00

Discussion: review of the mock hearing on the merits

10:00 – 12:00

Lecture: Form and Contents of the Arbitral Award

• Types of arbitral awards;
• Corrections and changes. 

12:00 – 12:15

Coffee break

12:15 – 13:15

Discussion: Final and binding arbitral awards. 

14:30 – 16:00

Interactive Lecture: Advocacy and Cross-Examination

16:00 – 16:15

Coffee break

16:15 – 18:00

Interactive Lecture: Advocacy and Cross-Examination (continued)

09:30 – 11:30

Interactive Lecture: Advocacy and Cross-Examination

11:30 – 11:45

Coffee break

11:45 – 12:45

Interactive Lecture: Advocacy and Cross-Examination

12:45 – 14:45

Lunch

14:45 – 16:45

Interactive Lecture: Advocacy and Cross-Examination

16:45 – 17:00

Coffee break

17:00 – 18:00

Interactive Lecture: Advocacy and Cross-Examination

10:00 – 12:00

Lecture: Arbitral Award: Setting Aside 

• Application for setting aside an award;
• Impact of the law of the place of arbitration.

12:00 – 12:15

Coffee break

12:15 – 13:15

Lecture: Arbitral Award: Enforcement

• Grounds for denial;
• Parallel proceedings.

13:15 – 14:45

Awards Ceremony, Closing Party.