From the Hearing to the Challenge and Enforcement of Awards

The fourth Module concerns the last stages of arbitral proceedings: the award. In the first part of the Module, participants learn about the closure of proceedings and the making of the award. Questions covering the deliberations among the arbitral tribunal, the drafting and the signing of the award, the notification of the award, as well as truncated tribunals and dissenting arbitrators are discussed. And money matters: 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 are dealt with. 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 concerns the enforcement of the award. Participants learn where and how to enforce an award, or, conversely, how to resist enforcement of an award. Hotly 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 can reconsider their awards based on new facts or evidence discovered after the award was rendered is also discussed.

Taking of the Evidence: Hearings, Discovery and Interim Measures

Participants learn – both from a counsel's and an arbitrator’s perspective – how evidence is taken in international arbitration. In this connection, they have to deal with core issues of arbitration proceedings and, in particular, with the question whether and to what extent discovery is admissible.

Participants learn how to prepare and conduct a witness hearing. Experts interactively teach the participants how to prepare a witness or an expert and how to conduct a cross examination. Participants are taught how to organize large quantities of documentary evidence and how to prepare and deal with requests for production of documents. Written witness statements which play an important role in international arbitration are also covered. Participants become familiar with interim measures (when does an arbitral tribunal have jurisdiction and when is the assistance of state courts needed?). Finally, the issue of security for costs is addressed.

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.

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 Christoph Müller and 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 course is based on materials specifically designed for this type of education, and includes practical exercises in all relevant areas of international arbitration, namely:

1. The Legal Concept of Arbitration, Fundamental Features, Regulatory Framework and Neighbouring Methods of Dispute Resolution

2. The Arbitration Agreement

3. The Arbitral Tribunal

4. The Arbitral Proceedings

5. The Applicable Law

6. The Arbitral Award

7. Recognition and Enforcement of Arbitral Awards

From the Hearing to the Challenge and Enforcement of Awards

The fourth Module concerns the last stages of arbitral proceedings: the award. In the first part of the Module, participants learn about the closure of proceedings and the making of the award. Questions covering the deliberations among the arbitral tribunal, the drafting and the signing of the award, the notification of the award, as well as truncated tribunals and dissenting arbitrators are discussed. And money matters: 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 are dealt with. 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 concerns the enforcement of the award. Participants learn where and how to enforce an award, or, conversely, how to resist enforcement of an award. Hotly 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 can reconsider their awards based on new facts or evidence discovered after the award was rendered is also discussed.

Taking of the Evidence: Hearings, Discovery and Interim Measures

Participants learn – both from a counsel's and an arbitrator’s perspective – how evidence is taken in international arbitration. In this connection, they have to deal with core issues of arbitration proceedings and, in particular, with the question whether and to what extent discovery is admissible.

Participants learn how to prepare and conduct a witness hearing. Experts interactively teach the participants how to prepare a witness or an expert and how to conduct a cross examination. Participants are taught how to organize large quantities of documentary evidence and how to prepare and deal with requests for production of documents. Written witness statements which play an important role in international arbitration are also covered. Participants become familiar with interim measures (when does an arbitral tribunal have jurisdiction and when is the assistance of state courts needed?). Finally, the issue of security for costs is addressed.

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.

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 Christoph Müller and 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 course is based on materials specifically designed for this type of education, and includes practical exercises in all relevant areas of international arbitration, namely:

1. The Legal Concept of Arbitration, Fundamental Features, Regulatory Framework and Neighbouring Methods of Dispute Resolution

2. The Arbitration Agreement

3. The Arbitral Tribunal

4. The Arbitral Proceedings

5. The Applicable Law

6. The Arbitral Award

7. Recognition and Enforcement of Arbitral Awards

Due to the increase in COVID-19 cases in Switzerland and in Europe and in consultation with the competent authorities, the Swiss Arbitration Academy has decided to cancel all the courses for 2020 (CAS and ArbP Program). 

We are very sorry for these unfortunate developments and hope for your understanding.

From the Hearing to the Challenge and Enforcement of the Award

The fourth module concerns the last stages of arbitral proceedings, the award. In the first part participants learn about the closure of proceedings and the making of the award. Questions covering the deliberations among the arbitral tribunal, the drafting and the signing of the award, the notification of the award as well as truncated tribunals and dissenting arbitrators are discussed. Money matters: 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 and from the tribunal's perspective their adjudication are addressed. Settlement or other grounds for termination of arbitral proceedings are also dealt with.

The second part concerns the enforcement of the award. Participants learn where and how to enforce an award, or, conversely, how to resist enforcement of an award. Hotly debated issues like the enforceability of awards which were annulled at the place of arbitration are also addressed.

The third part covers the challenge of the award. The focus is on jurisdiction, the grounds and other procedural issues regarding 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 can reconsider their awards based on new facts or new evidence which was discovered by a party after the award was rendered is also discussed.

Taking of the Evidence: Hearings, Discovery and Interim Measures

Participants learn – both from a counsel's and an arbitrator’s perspective – how evidence is taken in international arbitration. In this connection, they have to deal with core issues of arbitration proceedings and, in particular, with the question whether and to what extent discovery is admissible.

Participants learn how to prepare and conduct a witness hearing. Experts interactively teach the participants how to prepare a witness or an expert and how to conduct a cross examination. Participants are taught how to organize large quantities of documentary evidence and how to prepare and deal with requests for production of documents. Written witness statements which play an important role in international arbitration are also covered. Participants become familiar with interim measures (when does an arbitral tribunal have jurisdiction and when is the assistance of state courts needed?). Finally, the issue of security for costs is addressed.