International Litigation and Arbitration

When business is transacted across national boundaries, special kinds of legal problems are likely to arise due to being exposed to the legal frameworks of the countries they choose to do business in. As a result, the field of international commercial litigation and arbitration has become increasingly complex. Businesses must navigate the complex legal landscape, understanding the implications of doing business globally and how these impacts when, where and how they can resolve legal disputes.

An increasingly relevant area for International Commercial Litigation and Arbitration is Oil and Gas Law, with the rise of contentious matters in the in the past years as a result of the increased liberalization of markets. Large projects in the oil and gas field usually generate disputes related to costs, warranties or performance or termination of contracts, as well as environmental related claims (i.e. oil pollution liability in offshore petroleum industry after the Macondo spill).

The aim of this GLOMACS training course is to provide a grounding in both traditional common law rules and rules derived from International Conventions that relate to International Commercial Ligation and the legal challenges presented by the international dimension of litigating commercial disputes. In addition, the training course will provide an overview of international commercial arbitration as a means of settling commercial disputes, with special attention paid to the means of anticipating problems in contractual stipulations such as jurisdictional clauses, choice-of-law clauses, and arbitration clauses.

By the end of the training course, delegates will have a thorough understanding of the complex international legal landscape and the implications of doing business around the world.

This International Litigation and Arbitration training course will highlight:

• Understanding the legal framework governing International Commercial Litigation
• Factual scenarios in International Commercial Litigation
• Dispute resolution in oil and gas contracts
• Arbitration process and jurisdiction of the tribunal
• Arbitration awards: challenge, recognition, and enforcement
• Significant recent relevant cases

At the end of this International Litigation and Arbitration training course, you will learn to:

• Contract formation and International Commercial Litigation
• Legal and policy issues governing International Commercial Litigation
• Dispute resolution methods relevant to oil and gas industry
• An overview to Arbitration
• Practical scenarios and up-to-date case law relevant to oil and gas industry

Participants will gain greater understanding of the subject matter through presentations by an experienced international practitioner designed to both inform and broaden the perspectives of the participants. Case studies will be reviewed and discussed bearing in mind some of the realistic scenarios participants have encountered. Interactive discussions on problems and possible solutions will be encouraged.

The organization will benefit by:

• Personnel in the organization will be conversant with International Litigation and Arbitration
• Having a full understanding of the fundamental legal principles involved in International Litigation and Arbitration
• Knowledge of the legal basis for these contracts
• Being able to anticipate and deal with issues and ramifications pertinent to International Litigation and Arbitration
• Strategizing on risk management techniques that can be used in the International Litigation and Arbitration
• Senior management know the options available to enable them to negotiate terms and conditions of international contracts

This International Litigation and Arbitration training course teaches the competencies that enable the attendees to:

• Obtain the essential skill sets to negotiate commercial contracts clauses
• Manage and production and commercial risks through well drafted International Litigation and Arbitration strategies
• Gain the ability to formulate a comprehensive thought out approach to dispute resolutions and International Litigation
• Work out a contracting strategy to meet company’s goals in light of International Litigation and Arbitration
• Obtain the essential skill sets to negotiate better deals based on the enhanced understanding of International Litigation and Arbitration

International Litigation and Arbitration training course is specifically designed for professionals actively involved or likely to be involved in any stage relevant to doing business in foreign markets and all those who need an understanding of the complex legal landscape resulting for doing businesses internationally, and how these impacts when, where and how they can resolve legal disputes.

This GLOMACS training course is suitable for a wide range of professionals but will greatly benefit:

• Senior and Middle-Level Commercial Managers
• Commercial Lawyers
• Risk Managers
• Strategy Managers
• Operations Managers
• Project Managers
• Senior Government Officials and Regulators

DAY 1

Understanding the Legal Framework Governing International Commercial Litigation

• Introduction to International Commercial Litigation & Arbitration
• Legal System and Contract Law
• Mandatory Elements of a Legally Enforceable Contract
• Contract Formation
• Interpretation of Contract Terms
• Remedies for Breach & Termination
• Jurisdiction of English Courts: Persons Who Can/Cannot be Sued
• Jurisdiction of English Courts: Bases of Jurisdiction

DAY 2

Policy Issues and Factual Scenarios in International Commercial Litigation

• Jurisdiction of the English Courts: Staying Proceedings
• Provisional Measures and Anti-suit Injunctions
• Choice of Law in Tort
• Choice of Law in Contract
• International Commercial Litigation and Oil and Gas
• Recognition and Enforcement of Foreign Judgments Concluding

DAY 3

Dispute Resolutions in the Oil and Gas Industry

• Dispute Resolutions in the Oil and Gas Industry
• Structure of Arbitration and its Application in the Oil and Gas Industry
• Internationalisation of Arbitration and Sources of Law
• Relevant Laws in Arbitration
• Agreement to Submit to Arbitration
• Effect of an Arbitration Agreement/Breach of an Arbitration Agreement

DAY 4

Arbitration Process and Jurisdiction of the Tribunal 

• Initiating an Arbitration, Appointment of Arbitrators and Arbitrators’ Authority
• Jurisdiction of the Tribunal
• Evidence and Procedure
• Confidentiality of Arbitrations
• Assistance of the Courts

DAY 5

Arbitration Awards: Challenge, Recognition, and Enforcement  

• Arbitration Awards – Form and Content
• Challenge to Arbitration Awards
• Recognition and Enforcement of Arbitration Awards
• Arbitrations with States
• State Immunity in Arbitration
• Course Conclusion

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P.O. Box 74653, Dubai, United Arab Emirates
Tel : +971 - 04 - 425 0700, Fax : +971 (04) 425 0701, Email : info@glomacs.com