Arbitration and Dispute Settlement for Trade

Statement of the need

Arbitration and dispute settlement have become the cornerstones of confidence for players in the domestic and international markets. Private players are incentivized to invest and transact on the basis that in case of disputes among themselves and/or with governments fairness and remedial measures will prevail. Arbitral Systems are therefore key to ensuring the efficient functioning of the domestic and international markets. They also complement the socioeconomic goals of governments to attract foreign invest and mobilization of domestic investments and create an enabling environment. This notwithstanding, arbitral and dispute settlement systems are not without short falls. Criticisms have been levelled against the existing systems ranging from their lack of consistency of decisions, the lack of transparency of the process, and the lack of legitimacy and accountability of the system and the arbitrators and panellists. In this context, most African countries have gotten the bitter end of international arbitration while almost not having a significant role in dispute settlement. Most African countries are ill-equipped to deal with arbitration and dispute settlement both institutionally and at the human resources skills level. Only a few countries have started building domestic arbitral systems albeit limited to a few sectors.

Learning Objectives of the Course

• Competencies: Revisiting fundamental notions of arbitration and dispute settlement in light of current criticisms against investor-state arbitration and dispute settlement.
• Skills: Investigate merits of criticisms and come up with solutions discussing their pros and cons. (Examine criticisms of dispute settlement and arbitration in the context of international trade and commerce, peaceful international relations, justice and the rule of law.)
• Strategies: Draw up a possible reform plan. (Explore reform options, some of which are envisaged by policymakers and others which still need to be conceived)
• Establish how to design a roadmap for possible reform.

Content

• The arbitration agreement: the reparability doctrine, choice of law, parties to the agreement (including non-signatory issues), competence-competence, enforcement of the agreement and other types of national court intervention;
• Complex arbitrations – multiparty and multi-contract issues, joinder of parties, consolidation of cases, parallel proceedings;
• The arbitral tribunal – selection of arbitrators, duties of arbitrators, independence and impartiality issues, challenges of arbitrators;
• The arbitral proceedings – bifurcation, interim measures, evidentiary rules, the conduct of hearings; and
• The arbitral award – drafting of awards, enforcement and setting aside of awards, the 1958 New York Convention on the Recognition and Enforcement of Awards.
• Ethics principles governing the conduct of counsel, arbitrators and expert witnesses in international commercial and investment arbitrations.
• Recent developments in the IBA Guidelines on Conflicts of Interest in International Arbitration
• The IBA Guidelines on Party Representation in International Arbitration,
• Soft law instruments such as the ABA/AAA Code of Ethics for Arbitrators in Commercial Disputes,
• National law regulation of the conduct of arbitrators and counsel in international arbitrations,
• Ethics requirements included in international arbitration rules and ethics requirements for witnesses in international arbitrations,
• Recent ethics-related jurisprudence from ICSID, arbitral institutions and various national courts.

Target Group

Officials from Trade and Trade Related Ministries, Officials from Regional Economic Communities, Negotiators, Regional Integration Practitioners and Judges and lawyers.  Research centres, non-government and civil society organizations, journalists, and staff of international and non-governmental organisations are also target beneficiaries of this course

Duration
2 Weeks

Venues
a) Venue 1: Arusha
Date: 1 – 5 July 2024 

b) Venue 2: Seychelles
Date: 4 – 15 December 2023

Course Fees
$1,600